Hartnett and Sampson

The case of *Hartnett and Sampson* concerned an appeal before the Full Court of the Family Court of Australia regarding orders made on 21 March 2007 concerning the residence of two children, K and T. The primary dispute revolved around the arrangements for the children's living situation and the mother's contact with them.

The central legal issue before the Full Court was whether the primary judge erred in refusing to grant a stay of the orders made on 21 March 2007 pending the determination of the appeal. This required the court to consider the principles governing the grant of a stay in family law proceedings, particularly in circumstances where significant changes to children's living arrangements were ordered.

The Full Court, in its orders, effectively granted a stay of the substantive orders made on 21 March 2007, but only until a specific date and time related to the hearing of the appeal concerning the refusal of a stay. The court also made interim orders regarding the children's residence with the father and their time with the mother, subject to further orders. These orders indicate a recognition of the need for a period of stability or at least a controlled transition pending the final determination of the appeal.