AB & SS

The case of *AB & SS* concerned an appeal to the Full Court of the Family Court of Australia, brought by the father (AB) against orders made by a judicial registrar concerning parenting arrangements for the parties' child. The mother (SS) was the respondent. The primary dispute revolved around the father's application to vary existing parenting orders to allow for increased time with the child, and the mother's opposition to this application.

The central legal issues before the Full Court were: (1) whether the judicial registrar erred in law by failing to adequately consider the child's best interests as paramount, as required by section 60CA of the *Family Law Act 1975* (Cth); (2) whether the registrar erred in law by failing to give proper weight to the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth); and (3) whether the registrar's decision was otherwise against the weight of the evidence.

The Full Court found that the judicial registrar had indeed erred in law. Their Honours held that the registrar's reasons did not demonstrate a clear and consistent application of the paramountcy principle, particularly in relation to the child's best interests. Furthermore, the Court determined that the registrar had failed to properly consider the presumption of equal shared parental responsibility and the circumstances in which it might be rebutted. The Court concluded that the registrar's decision was affected by these errors of law, leading to an outcome that was not demonstrably in the child's best interests.

Consequently, the Full Court allowed the father's appeal, set aside the orders made by the judicial registrar, and remitted the matter back to the Family Court for redetermination.