K and S and v

The Full Court of the Family Court of Australia, comprising Kay and Coleman & Collier JJ, considered an appeal concerning parenting orders made in the Federal Circuit Court. The dispute involved the arrangements for two children, K and S, following the separation of their parents. The appellant father sought to vary existing orders, primarily concerning the children's residence and the father's time with them.

The central legal issues before the Full Court were whether the primary judge erred in finding that it was not in the best interests of the children to make the orders sought by the father, and whether the primary judge failed to adequately consider the father's proposed parenting arrangements. The appeal also raised questions about the weight given to the children's views and the overall assessment of the children's best interests under the *Family Law Act 1975* (Cth).

The Full Court analysed the primary judge's reasons, noting that the judge had undertaken a comprehensive assessment of the evidence and applied the relevant principles under section 60CC of the *Family Law Act*. Their Honours found that the primary judge had properly considered all relevant factors, including the children's expressed wishes, the need for the children to maintain a meaningful relationship with both parents, and the capacity of each parent to provide for the children's needs. The Court concluded that the primary judge's findings were open on the evidence and that no error of law had been demonstrated.

The appeal was dismissed, and the parenting orders made by the Federal Circuit Court were affirmed.