Jackson & Macek

In the matter of Jackson & Macek, the mother appealed interim parenting orders concerning an eleven-month-old child. The child was to alternate between the parents on a one-day-on, one-day-off basis. The mother was also restrained from breastfeeding the child after getting a tattoo. The Federal Circuit Court of Australia was tasked with determining the appeal.

The court was required to decide whether there was a risk of harm to the child if the mother continued to breastfeed, and whether the trial judge properly applied section 60CC of the Family Law Act 1975. Given the lack of expert medical evidence, the court relied on matters of common knowledge. The court considered section 144(1)(b) of the Evidence Act 1995 and found that the trial judge had not properly applied section 60CC of the Family Law Act.

The court allowed the appeal and set aside certain orders that restrained the mother from breastfeeding the child and from permitting the child to be in contact with the maternal grandmother. The court also remitted the question of the child's time with the father for re-hearing in the Federal Circuit Court by a different judge. Pending the re-hearing, the child was to spend time with the father on two occasions each week for five hours. The court also issued costs certificates to both parties under the Federal Proceedings (Costs) Act 1981.