Modifying Parenting Orders Australia: The Rice and Asplund Test and How to Apply

Final Parenting Orders Are Not Permanent

Circumstances change. Children get older, parents relocate, work schedules shift, and arrangements that worked when a child was three may be completely wrong by the time they're ten. Australian family law recognises this — but it also imposes a deliberate barrier to prevent parents from returning to court every time they disagree about a pickup time.

That barrier is the Rice and Asplund threshold, now codified in the Family Law Act 1975 following the May 2024 amendments.

The Significant Change of Circumstances Test

Before the FCFCOA will reopen final parenting orders, the applicant must demonstrate a "significant change of circumstances" since the orders were made. This principle originates from Rice and Asplund (1979) and was formally written into the statute by the Family Law Amendment Act 2023.

What qualifies as significant change:

• The child's developmental stage has shifted materially — a toddler who is now school-age may need a fundamentally different schedule.
• One parent has relocated or plans to relocate to a different city or state.
• Family violence has emerged or escalated since the orders were made.
• A parent has a new partner and the child's living arrangements are affected (especially if the new partner poses safety concerns).
• The child's own wishes have changed — particularly for older children whose maturity gives more weight to their expressed preferences.
• One parent is consistently breaching the orders, making the existing arrangement unworkable.

What does not qualify:

• General dissatisfaction with the existing schedule.
• Minor disagreements about extracurricular activities or screen time.
• A desire for more time without any external change prompting it.

Three Ways to Modify Parenting Arrangements

Option 1: A new parenting plan. If both parents agree to changes, they can execute a new written, signed, and dated parenting plan at any time. A newer parenting plan can legally vary the terms of a prior court order — provided both parties consent and the order allows variation by written parenting plan. No court application is needed, and there's no filing fee. The catch: parenting plans are not enforceable. If the other parent later ignores the new plan, you're back to the original court order.

Option 2: Consent orders by agreement. If both parents agree to the changes but want enforceability, they can file a new Application for Consent Orders (Form 11) with the FCFCOA via the Commonwealth Courts Portal. The filing fee is $215. A registrar reviews the proposed orders on the papers — no hearing is required. Once sealed, the new orders replace the old ones entirely.

Option 3: Contested variation application. When the other parent won't agree, you file an Initiating Application (Form 1) seeking a variation of the existing orders. Unless a statutory exemption applies, you'll need to attach a Section 60I Certificate (proving you attempted Family Dispute Resolution), a Genuine Steps Certificate, and the mandatory Notice of Child Abuse, Family Violence or Risk. The filing fee is $455 for final orders only, or $610 if you're seeking interim orders as well.

What the Court Evaluates in Variation Proceedings

If the court is satisfied that a significant change of circumstances exists, it reopens the matter and applies the current Section 60CC best-interests factors from scratch. It does not simply tweak the existing arrangement — it considers the child's current situation fresh and can make entirely new orders.

This is why the initial parenting plan or consent orders matter so much. Getting the first arrangement right reduces the likelihood that you'll need to return to court later, and if you do return, the precision of the original orders gives the court a clear baseline to compare against.

Practical Advice Before Applying

Document the change. If you're relying on a significant change of circumstances, you need evidence — school reports showing the impact on the child, a letter from your employer confirming a relocation, medical records, or communications showing the other parent's repeated breaches.

The South Australia Child Custody & Parenting Plan Guide walks through how to structure a parenting plan that builds in review clauses — so you can adjust schedules at agreed milestones (like a child starting school or turning 13) without needing to return to court.

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