Potter & Ross 2014 FamCA 1056
The case involved a child aged 9 years whose parents had a long history of litigation. Both parents sought new orders in their own favour. An order for shared care was in place, but the father withheld the child from the mother alleging that this was to protect the child from exposure to the mother’s new partner (re-partnered). The mother objected to the father’s parenting style as undermining, and she wanted the child in her sole care.
The ICL reported that there was not yet sufficient changed circumstances to warrant new orders.
The judge ruled that the applications were not frivolous, but accepted there were insufficient grounds to rule a change in circumstances, so the judge ordered a new family assessment.