Defrey & Radnor

In this appeal, the father sought to amend the final parenting orders made in relation to his child with the mother. The primary judge dismissed the father's application to amend the orders, ordered the parties to attend arbitration if they were unable to agree on certain issues, and made a costs order against the father. The father appealed the primary judge's decision, arguing that the court had no power to order arbitration in parenting matters, and that the primary judge had not provided adequate reasons for the costs order. The appeal was allowed in part. The court found that the primary judge had no power to order arbitration in parenting matters and set aside the relevant orders. The court also found that the primary judge had not provided adequate reasons for the costs order and remitted the matter to the primary judge for reconsideration. The court reserved the question of whether the mother's application to dismiss certain orders sought by the father should be heard by the Full Court or remitted for rehearing at first instance. The parties were ordered to file updated affidavits and written submissions within specified timeframes, and costs were reserved pending the outcome of the rehearing of the mother's application. The appeal was allowed in part, and certain orders made by the primary judge were set aside. The court reserved the question of whether the mother's application to dismiss certain orders sought by the father should be heard by the Full Court or remitted for rehearing at first instance. The parties were ordered to file updated affidavits and written submissions within specified timeframes, and costs were reserved pending the outcome of the rehearing of the mother's application.