DGC & SLC

The parties in this matter were DGC and SLC. The dispute concerned an application for leave to appeal against a decision of the Family Court of Australia. The application was heard by the Full Court of the Family Court of Australia.

The central legal issue before the Full Court was whether the primary judge had erred in law by failing to consider the impact of a proposed parenting plan on the children's best interests, specifically in relation to the children's right to be heard and their right to maintain a meaningful relationship with both parents. The court also considered whether the primary judge had failed to adequately discharge their duty to ensure the children's views were given due consideration.

The Full Court reasoned that the primary judge's failure to consider the proposed parenting plan in its entirety, and to assess its potential impact on the children's best interests, constituted an error of law. The court emphasised the importance of the children's right to be heard and to maintain a meaningful relationship with both parents, as enshrined in the *Family Law Act 1975* (Cth). The court found that the primary judge had not given sufficient weight to these considerations when making their orders.

The Full Court granted leave to appeal, set aside the orders of the primary judge, and remitted the matter back to the Family Court for redetermination.