Dansey and Dansey (No. 2)

In the matter of *Dansey and Dansey (No. 2)*, Berman J of the Family Court of Australia considered an application by the mother for a stay of interim orders made on 30 June 2021. The dispute arose following the mother's unilateral intrastate relocation of the children's residence. The interim orders required the mother to return the children to their previous residence and provided for supervised time with the father. The mother had filed a Notice of Appeal against these interim orders and sought a stay pending the determination of that appeal.

The primary legal issues before the court were whether the mother had an arguable case on appeal and whether the appeal would be rendered nugatory if a stay was not granted. The court was required to assess the merits of the mother's grounds of appeal and the potential prejudice she would suffer if the interim orders were enforced while the appeal was pending.

Berman J reasoned that the mother had not established an appropriate basis for a stay. The court found that the ability to prosecute the appeal would not be affected by the refusal of the stay. Furthermore, the court determined that the children's best interests were likely to be served by compliance with the existing interim orders. Consequently, the mother's application for a stay of the interim orders was dismissed.