BECKFORD & BECKFORD (No.2)

In *Beckford & Beckford (No.2)*, the father applied to Judge Carter of the Federal Circuit Court of Australia for a stay of interim parenting orders made on 21 August 2020, pending an appeal. The father sought to stay orders concerning the children's living arrangements.

The central legal issues before the court were whether the appeal would be rendered nugatory if the stay was not granted, whether the father had an arguable ground of appeal, and the desirability of limiting changes to the children's living arrangements. The court also considered whether satisfactory arrangements could be implemented pending the appeal, all within the overarching consideration of the best interests of the children.

Judge Carter reasoned that the application for a stay should be refused. The court found that there was no evidence presented regarding when the appeal could be heard, which was a critical factor in assessing the risk of the appeal being rendered nugatory. Furthermore, the court considered the principle that frequent changes to a child's living arrangements are generally undesirable, and that the best interests of the children were paramount.

Consequently, the court dismissed the father's application for a stay of the interim parenting orders. The mention listed for 4 November 2020 was vacated, and the proceedings were adjourned for an interim defended hearing on 20 November 2020. The court also made notes regarding the application of section 102NA of the *Family Law Act 1975* concerning family violence and unrepresented parties.