IB and LB

The Full Court of the Family Court of Australia heard an appeal concerning parenting orders made in the Federal Circuit Court. The dispute involved the parents, identified as IB and LB, regarding the upbringing of their child.

The primary legal issues before the Full Court were whether the primary judge erred in: (1) failing to adequately consider the child's expressed wishes in accordance with section 60CC(3)(a) of the *Family Law Act 1975* (Cth); (2) making findings of fact that were not supported by the evidence; and (3) failing to give sufficient weight to the child's right to safety and protection from harm.

The Full Court found that the primary judge had indeed failed to give sufficient weight to the child's expressed wishes, particularly in light of the child's age and maturity. The Court reiterated the importance of considering the child's views under section 60CC(3)(a) and emphasised that while these views are not determinative, they must be given proper consideration. Furthermore, the Court identified instances where the primary judge's findings of fact were not adequately supported by the evidence presented, leading to a flawed assessment of the child's best interests. The Court also highlighted that the paramount consideration of the child's safety and protection from harm had not been sufficiently prioritised in the original orders.

Consequently, the Full Court allowed the appeal, set aside the parenting orders made by the Federal Circuit Court, and remitted the matter back to the Federal Circuit Court for redetermination.