BAR and JMR

The Full Court of the Federal Court of Australia, comprising Kay, Holden, and Boland JJ, considered an appeal concerning the interpretation and application of the *Family Law Act 1975* (Cth) in relation to parenting orders. The dispute involved the parents, identified as BAR and JMR, and concerned arrangements for their child.

The primary legal issues before the Full Court were whether the primary judge erred in their assessment of the child's best interests when making final parenting orders, and whether the primary judge had adequately considered the impact of parental alienation on the child. Specifically, the court was asked to determine if the orders made were consistent with the objects and principles of the *Family Law Act*, particularly those relating to the child's right to have a meaningful relationship with both parents, subject to the need to protect the child from harm.

The Full Court analysed the evidence presented at trial and the primary judge's findings. Their Honours applied the principles established in relevant case law concerning the assessment of parental alienation and the paramountcy of the child's best interests. The court found that the primary judge had failed to give sufficient weight to the evidence of parental alienation and its potential detrimental impact on the child's relationship with one of the parents. Consequently, the Full Court concluded that the parenting orders made by the primary judge were not in the child's best interests.

The Full Court allowed the appeal, set aside the parenting orders made by the primary judge, and remitted the matter to the Federal Circuit and Family Court of Australia for redetermination.