The Rice v Asplund Rule - impact on parenting orders since recent changes

The Rice v Asplund rule is a foundational principle in Australian family law that governs when courts can reconsider final parenting orders. Established in 1979, it requires a party seeking to vary existing orders to demonstrate a significant change in circumstances since the original orders were made. This ensures stability for children while prioritising their best interests and discouraging unnecessary litigation.

Impact on Parenting Orders

- Promotes Stability: The rule minimises frequent legal disputes, providing children with predictable environments.

- Focuses on Best Interests: Courts prioritise the child’s welfare over parental convenience, ensuring changes are justified.

- Mitigates Legal Conflicts: It reduces emotional and financial strain by limiting unnecessary applications to vary orders.

Recent Codification in Legislation

The Rice v Asplund rule was codified in the Family Law Amendment Act 2023 as Section 65DAAA, which formalises the two-stage process:

1. Courts must consider whether there has been a significant change in circumstances.

2. They must determine if revisiting the orders is in the child’s best interests.

While initially debated, recent case law clarified that Section 65DAAA aligns closely with the original principles of Rice v Asplund, maintaining the requirement for significant changes before reconsidering orders.

Take the First Step

You don’t have to face these moments alone. A family lawyer isn’t just a service—it’s a partnership forged in trust, clarity, and resilience. When the weight of uncertainty feels crushing, remember: help isn’t just available. It’s waiting to lift you up, one careful, compassionate step at a time. You can contact our office on 044 77 88 933 or email us at enquiry@charbellawyers.com.au and you can also enquire with us about our Fixed Fee options.

Keep in mind this information is not legal advice and is general in nature and each situation is unique so consult your lawyer or our office for advice specific to your case.