GARRETY & STEYN

The appeal in Garrety & Steyn involved the parents of two children, with the appellant mother and the respondent father contesting the primary judge's parenting order. The Family Court of Australia was tasked with determining the legal issues presented in this case. The appellant contested the primary judge's decision to award sole parental responsibility to the father, arguing that the judge failed to adequately consider the recommendations of a single expert, which were contingent upon certain conditions, and that the judge did not adequately consider the challenges a change in residence would pose for the children.

The court addressed the appellant's contention that the primary judge did not sufficiently consider the totality of the evidence, particularly the expert's recommendations, and whether the judge adequately contemplated the conditions attached to those recommendations. The court found that the primary judge had indeed considered the evidence and conditions thoroughly. It was also determined that the appellant and respondent were not equally blameworthy or culpable, and that a change in residence would not present an insurmountable challenge for the children. The court concluded that the children would maintain a relationship with the respondent if they lived with the appellant, whereas the respondent would strive to maintain all existing relationships.

The appeal was partially allowed, with the wording of the order varied to reflect the court's decision. The appellant was ordered to pay the respondent's costs, fixed at $5,000, and the appellant was also ordered to pay the costs of the Independent Children's Lawyer, fixed at $5,511. The appeal was dismissed in all other respects. The form of the order is subject to the entry of the order in the Court’s records.