F & B

This matter concerned an appeal by a father against residence and contact orders made by the Federal Magistrate concerning his four-year-old twins. The dispute arose after the children had lived with the father for three years following the parents' separation.

The primary legal issues before the court were whether the Federal Magistrate had exhibited bias or pre-judgment, whether insufficient weight had been given to the status quo of the children living with their father, and whether the Magistrate had failed to adequately consider psychiatric evidence suggesting no risk to the children in the father's care if they maintained regular contact with their mother. The appeal also questioned whether the resulting orders were plainly unjust.

Justice Kay dismissed the appeal, finding no evidence of bias on the part of the Federal Magistrate. The court determined that the Magistrate had properly considered the relevant factors under section 68F(2) of the *Family Law Act 1975* (Cth) and had given appropriate weight to the psychiatric evidence. It was open to the Magistrate, on the evidence before him, to conclude that the children's welfare would be better promoted by residing with their mother.

The appeal was dismissed, and no order was made as to costs.