H and E

The Full Court of the Family Court of Australia heard an appeal concerning parenting orders made by a judicial registrar. The dispute involved the parents' disagreement over the time each parent would spend with their child, with the father seeking to vary existing orders to increase his time with the child.

The primary legal issues before the Full Court were whether the judicial registrar erred in failing to adequately consider the child's best interests under section 60CC of the *Family Law Act 1975* (Cth) and whether the registrar's findings of fact were against the weight of the evidence. Specifically, the court examined whether the registrar had given sufficient weight to the factors outlined in section 60CC, including the child's expressed wishes, the child's relationship with each parent, and the capacity of each parent to provide for the child's needs.

The Full Court found that the judicial registrar had failed to properly apply the principles of section 60CC of the *Family Law Act 1975* (Cth). The court held that the registrar's reasons did not demonstrate a thorough consideration of all relevant factors, particularly concerning the child's best interests. The Full Court concluded that the registrar's decision was not adequately supported by the evidence and that a proper assessment of the child's best interests had not been undertaken.

Consequently, the Full Court allowed the appeal, set aside the orders made by the judicial registrar, and remitted the matter back to the Family Court for redetermination.