In 2016, the Federal Circuit Court of Australia made Orders with the consent of both parents. In summary, they were that the child live with the mother and spend time with the father and the time with the father was to increase as the child increased in age. The parents lived, and continue to live in different towns. In 2018, the father’s divorce lawyer brought fresh proceedings based on two possible scenarios:
- If the mother relocates near the father, the child to spend equal time with the parents, or
- If the mother does not relocate, he sought Orders in the reverse so that the child lives with him.
In order to revise family law court Orders, the case of Rice & Asplund  FamCA 84 requires the existence of a material change of circumstances. The father’s divorce lawyer argued that since the time of making the consent Orders, his circumstances had changed in three ways: