Bale v Jenkins

The appeal concerned a dispute between a mother and father regarding the relocation of their child to China. The mother sought to relocate with the child, while the father opposed this move. The Federal Magistrates Court had previously made orders concerning the child, and the mother appealed these orders to the Full Court of the Family Court of Australia.

The Full Court was required to determine whether the Federal Magistrate erred in their decision regarding the relocation of the child to China. Specifically, the court had to consider whether the best interests of the child were adequately addressed, particularly in light of the mother's alleged unwillingness to facilitate and encourage a close and continuing relationship between the child and the father. The court also considered an application by the mother to adduce further evidence on appeal.

The Full Court dismissed the mother's application to adduce further evidence, finding it was not in the interests of justice to do so. In dismissing the appeal, the court found no error in the Federal Magistrate's decision. The reasoning implicitly affirmed the magistrate's assessment of the child's best interests and the mother's conduct in relation to the father's relationship with the child.

Consequently, the appeal was dismissed, and each party was ordered to bear their own costs of the appeal.