Green & Graham

This appeal concerns an interlocutory order made by a Federal Magistrate concerning the parenting arrangements of a young child. The mother appealed the decision of the Federal Magistrate to the Family Court of Australia. The mother sought to have the child spend supervised time with her father, while the Federal Magistrate declined to order supervision on an interim basis. The mother argued that the Federal Magistrate did not give sufficient weight to the mother's need for reassurance, the history of non-contact between the child and her father, and the absence of any evidence of an existing relationship.

The court found that the Federal Magistrate had erred in finding that no significant submission was put as to why supervision would be required. The court held that the mother had made several challenges, including that the Federal Magistrate failed to give adequate weight to the need for reassurance, the history of non-contact, and the absence of any evidence of an existing relationship. The court found that the Federal Magistrate failed to give adequate weight to the child's circumstances, leading to appealable error. The court held that if the Federal Magistrate had given proper weight to the child's circumstances, he would have provided supervision at least on an interlocutory basis.

The appeal was allowed and the proceedings were remitted to the Federal Magistrates Court for re-determination. The court also made orders pending the re-determination of the proceedings by the Federal Magistrates Court, including that the child's time with her father be supervised. The court also granted costs certificates to both parties for the appeal and for the re-hearing of the proceedings in the Federal Magistrates Court.