KN and Child Representative & NN and JN

The Full Court of the Family Court of Australia considered an appeal concerning parenting orders. The appeal was brought by the father, KN, and the child representative, against orders made by a single judge. The mother, NN, and the father, JN, were also parties to the proceedings. The dispute centred on the parenting arrangements for the child, with the appeal focusing on specific aspects of the orders made by the primary judge.

The central legal issues before the Full Court were whether the primary judge erred in: (1) failing to make specific findings regarding the father's (KN) allegations of family violence; (2) failing to adequately consider the child's best interests in light of the alleged family violence; and (3) making orders that were not sufficiently clear or specific, particularly in relation to the child's time with each parent and the communication between them. The child representative also raised concerns about the clarity and enforceability of certain orders.

The Full Court analysed the primary judge's reasons and the evidence presented. It found that while the primary judge acknowledged the allegations of family violence, the reasons did not demonstrate a proper or adequate consideration of these allegations and their impact on the child's best interests as required by the *Family Law Act 1975* (Cth). The Court emphasised the importance of making specific findings on such serious allegations and their direct relevance to the assessment of risk and the formulation of parenting orders. Furthermore, the Court identified deficiencies in the clarity of some of the orders, which could lead to future disputes and uncertainty for the parties and the child.

Consequently, the Full Court upheld the appeal, setting aside the original parenting orders. The matter was remitted to the Family Court for redetermination by a different judge, with directions for the primary judge to properly consider the allegations of family violence and to make clear, specific, and enforceable parenting orders in accordance with the child's best interests.