Meyer & Shipton 2013 FCCA 307
Parents initially agreed by consent to a shared care arrangement where the child spent week-about with each parent. The mother then relocated and asked to change the arrangement so that the child spent more time with her.
The judge ruled that the Rice and Asplund principle about changed circumstances applies to consent agreements. The judge allowed the case to be re-opened so that a judicial officer could assess what is in the best interests of the child, rather than continue with a compromise agreement between parents. The judge ordered that an independent family report be prepared.