Clause Code : RF11

No significant change in circumstances since final court order or parenting plan was made – two year rule

Clause type: Refusal

Solicitor clause wording

Legal aid is not usually available to apply for or respond to an application to discharge or vary parenting arrangements within two years of a final court order being made unless there has been a significant change in circumstances since the order was made. Section 65DAAA of the Family Law Act sets out when a final parenting order can be considered by the court and codifies the common law rule in Rice and Asplund (1978) 6 Fam LR 570. Based on the information you provided, we are not satisfied that there has been a significant change in circumstances.

Client clause wording

Legal aid is not usually available to apply for or respond to an application to discharge or vary parenting arrangements within two years of a final court order being made unless there has been a significant change in circumstances since the order was made. Based on the information you provided, we are not satisfied that there has been a significant change in circumstances.