Check whether a final parenting order may be reconsidered
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the final order and the later events the lawyer identifies, list the events in date order with the document that records each one. Do not say whether the change is significant or whether reconsideration is in the child's best interests.
- What the lawyer must review
- The lawyer decides whether the court may reconsider the final parenting order. The factsheet says section 65DAAA codifies Rice v Asplund and provides that the court must not reconsider a final parenting order unless it has considered whether there has been a significant change of circumstances since the order was made and is satisfied that reconsideration is in the child's best interests. The Federal Circuit and Family Court says these provisions apply to all final parenting orders from 6 May 2024, whether the orders were made before or after that date. Existing orders otherwise remain in force.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the final order and the later events the lawyer identifies, list the events in date order with the document that records each one. Do not say whether the change is significant or whether reconsideration is in the child's best interests. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Start from the final order and the events since it was made. Do not treat dissatisfaction with the order as a change of circumstances.
- Apply both limbs in section 65DAAA. A change of circumstances is not enough on its own.
- Tell the client the existing order remains in force until a court changes it.
- Do not draft the application in this task. A fresh application still has to meet the dispute-resolution certificate rules where they apply.
Sources
- Attorney-General's Department, Family Law Amendment Act 2023 factsheet for family law professionals · 2026-10-22
- Federal Circuit and Family Court of Australia, family law changes from 6 May 2024 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.