Adult Guardian and Mother's Parents v B and Child's Representative

The Full Court of the Family Court of Australia considered an appeal concerning the welfare of a child, B. The appeal was brought by the Adult Guardian and the child's maternal grandparents against orders made by a single judge. The dispute centred on the appropriate living arrangements for B, who had been subjected to significant family violence.

The primary legal issues before the Full Court were whether the primary judge erred in finding that B should reside with her mother, and whether the primary judge had adequately considered the impact of family violence on B's best interests. The court also had to determine if the primary judge had properly assessed the risks associated with the mother's new partner and the potential for ongoing family violence.

The Full Court found that the primary judge had failed to give sufficient weight to the evidence of family violence and its impact on B. The court applied the principles established in *Harris v The Queen* and *Chamberlain v The Queen*, which emphasise the importance of considering the cumulative effect of evidence, particularly in cases involving allegations of family violence. The Full Court determined that the primary judge's assessment of risk was flawed and that the orders made did not adequately protect B's welfare.

Consequently, the Full Court allowed the appeal, set aside the original orders, and remitted the matter back to the Family Court for redetermination. The court directed that the redetermination should give particular attention to the impact of family violence on B and the need for a safe living environment.