Application for leave — variation of parenting order — material change in circumstances — unstable living situation — mental health — Care of Children Act 2004, ss 46G & 139A — Border v Tokoroa [2014] NZFC 10947 — Roundtree v Tipsanich [2016] NZFLR 99. This was an application by the father to reopen a parenting order under s 139A of the Care of Children Act, citing the instability of the mother's living situation and concern about the mother's mental health as the key issues. The mother had previously applied without notice to suspend the child's care with her father on the basis of possible sexual abuse concerns. This application was subsequently discontinued by the mother. The test under s 139A is that the application is brought within a two-year time-frame; that the proceedings be substantially similar; and that there be a material change to the circumstances of either of the parties. The idea behind the legislative change was to prevent repeated litigation, which would have a detrimental impact on the children. The Judge noted that the changes in living environment did not necessarily equate to a material change in circumstances, and there was no clear evidence to establish a risk to the child due to the mother's mental health. Lawyer for the child gave neutral submissions and left the decision up to the Court, stating that it was essentially a factual determination. The Judge held that the five recent changes to the mother's accommodation, along with the history of concern of inappropriate behaviour towards the child, should be looked at further. Leave was granted to apply to vary the parenting order. Judgment Date: 4 October 2021 * * * Note: names have been changed to comply with legal requirements. * * *