Enmore & Smoothe

The appeal before the Family Court of Australia concerned the relationship between Enmore, the mother, and Smoothe, the father, regarding the unsupervised visitation of their child. The mother, Enmore, sought to challenge the Federal Circuit Judge's decision to not suspend interim orders that allowed the father, Smoothe, unsupervised time with their child, despite her allegations of a risk of child sexual abuse. The Judge's decision to transfer the proceedings to the Family Court was also contested by Enmore. Additionally, Smoothe brought contravention proceedings against Enmore for allegedly breaching the interim orders, and the Federal Circuit Judge found that Enmore did not have a reasonable excuse for her actions, requiring her to enter into a bond to comply with the orders.

The court was required to decide whether the Federal Circuit Judge erred by not acting on evidence that was deemed credible and by relying on evidence other than that of an expert. The court also needed to determine if the Judge placed excessive weight on inconsistencies in the evidence. Furthermore, the court had to consider whether the Federal Circuit Judge erred in relying on the reasons delivered in the substantive proceedings when ruling on the contravention proceedings brought by Smoothe.

The appeals were dismissed by the Family Court of Australia. The court held that the Federal Circuit Judge did not err in their decisions, as the evidence provided was not deemed to be "not far-fetched, fanciful or remote." Additionally, the court found that the Judge did not place excessive weight on inconsistencies in the evidence. The court also found no error in the Judge's reliance on the reasons delivered in the substantive proceedings when ruling on the contravention proceedings. The appeals were dismissed, and the court directed that submissions be filed in relation to costs.