Gillard & Gillard

The appeal was brought by the father, contesting the final parenting orders made by the Family Court. The mother and father had separated, and the dispute centred on the living arrangements of their children, as well as the level of contact they would have with their father. The primary judge had ordered that the children live primarily with the mother and have limited time with the father. The Full Court was tasked with determining whether the primary judge had erred in making these orders, and whether additional evidence could be considered in the appeal.

The court examined the primary judge's assessment of the father's emotionally abusive behaviour, which was found to have continued after the separation, albeit in a different form. The Full Court concluded that the primary judge's findings were well-supported and did not demonstrate any error. The court also considered the children's wishes, which were strongly against the ordered parenting arrangements, but ultimately found that the primary judge's orders were consistent with expert recommendations and aimed to safeguard the children's welfare. The Full Court found that the proposed additional evidence in the application to adduce further evidence would be manifestly unfair and would blur the distinction between the original and appellate jurisdictions. Consequently, the application was dismissed.

The Full Court upheld the primary judge's orders, dismissing the father's appeal. Given the father's complete lack of success, the court ordered him to pay the mother's and the Independent Children's Lawyer's costs of the appeal. The court's decision highlighted the importance of ensuring the safety and well-being of children in family law matters, particularly in cases involving family violence and abuse.

The orders of the court were as follows: the application to adduce further evidence was dismissed; the appeal was dismissed; the father was ordered to pay the mother's and the Independent Children's Lawyer's costs of the appeal within 28 days of agreement or assessment of the quantum of costs.