George & George

Case

[2013] FamCAFC 182


Details
AGLC Case Decision Date
George & George [2013] FamCAFC 182 [2013] FamCAFC 182

CaseChat Overview and Summary

The appeal in the case of George & George was brought by the father, Mr George, against orders made by the trial judge that varied interim parenting orders significantly. The orders in question changed the arrangements for the child C, born August 2005, from an equal time split between the parents to a primary residence with the mother, Ms George, and supervised visits with the father. The appeal was brought against the orders made on 10 September 2013 in the Federal Circuit Court. The Full Court of the Family Court of Australia dismissed the appeal and ordered the father to pay the mother's costs of and incidental to the appeal on a party/party basis as agreed or, in default of agreement, as assessed.

The appeal centred on several legal issues, including whether the trial judge erred in finding that the father posed an unacceptable risk of harm to the child, whether there was adequate evidence to support a change in the parenting arrangements, whether the trial judge gave adequate reasons for her decision, and whether the change in arrangements would be devastating for the child. The Full Court found that the trial judge correctly interpreted the expert report, appropriately balanced the risks and benefits of the proposed change in arrangements, and provided adequate reasons for her decision. The Full Court concluded that the father had not made good any ground of appeal, and the appeal was dismissed. Given the father's lack of success in the appeal and his financial advantage over the mother, the Full Court ordered the father to pay the mother's costs of and incidental to the appeal.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Child’s Best Interests

  • Family Violence

  • Supervised Contact

  • Risk of Psychological Harm

  • Abduction

Actions
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Cases Citing This Decision

184

Najam & Fayed [2021] FamCA 107
ENGLISH & EKLUND [2021] FamCA 89
CHRISTY & YOUNG [2020] FamCA 911
Cases Cited

2

Statutory Material Cited

0

Hannigan & Sorraw [2010] FamCAFC 257
Deiter & Deiter [2011] FamCAFC 82
Hannigan & Sorraw [2010] FamCAFC 257