In the case of Katar & Sevan [2024], the Federal Circuit and Family Court of Australia, Division 1, dismissed an appeal by Mr. Katar against a previous decision that denied his request to vary existing parental orders based on the principles of Rice and Asplund. The initial orders had facilitated the children’s relocation with the mother, Ms. Sevan, at a specific future date. Mr. Katar’s appeal attempted to challenge this arrangement by suggesting a significant change in circumstances primarily related to the children's wishes and their residing setup. However, the court found that the purported changes did not justify a revisitation of the previously consented orders. Consequently, the appeal was dismissed, emphasizing the stability and finality in parenting orders and the high threshold required to demonstrate a significant change in circumstances warranting their variation. Additionally, Mr. Katar was ordered to pay Ms. Sevan’s legal costs, fixed at a stipulated sum.
From the TLDR Caselaw Archive