Gingham and Gingham

The parties to this matter were Ms Gingham (the applicant mother) and Mr Gingham (the respondent father). The dispute concerned parenting orders previously made by the Family Court of Australia. The mother sought leave to file a further application, alleging significant changes in circumstances since the final orders were made. The matter was before the court while an appeal against the final orders was pending.

The court was required to determine whether to grant the mother leave to file her application, and if so, when that application should be heard. The mother contended that urgent circumstances, specifically relating to the child's difficulties at school, necessitated immediate determination. The father, who did not appear, had indicated in an affidavit his intention to rely on that affidavit and not file a response or appear.

Murphy J granted the mother leave to pursue her application, finding that the interests of justice and the best interests of the child warranted giving her the opportunity to agitate her case. This decision was influenced by the child's age, the mother's lack of face-to-face time with him, and prima facie evidence suggesting a deterioration in the child's general schooling performance, contrary to earlier findings. However, the court determined it was not appropriate to hear the application until the Full Court delivered its decision in the pending appeal. The hearing of the mother's application was therefore adjourned to a date subsequent to the Full Court's judgment. The court also dismissed a specific order sought by the mother for a stay of the substantive parenting orders.