FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Koyroushs & Koyroyshs [2021] FedCFamC1A 54
Appeal from: Koyroyshs & Koyroyshs [2020] FamCA 626 Appeal number(s): EAA 128 of 2020 File number(s): SYC 2276 of 2016 Judgment of: AINSLIE-WALLACE, ALDRIDGE & AUSTIN JJ Date of judgment: 5 November 2021 Catchwords: FAMILY LAW – APPEAL – PARENTING – RELOCATION – Where the primary judge made final parenting orders – International relocation to Eastern Europe found not to be in the child’s best interests – Both parties restrained from removing the child from Australia – Both parties restrained from moving more than 30 kilometres from the child’s school – Procedural fairness – Findings of fact – Weight challenges – Adequacy of reasons – Consideration of evidence by the single expert – Restrictions on travel – Hague Convention – Findings open on the evidence – No error established – Appeal dismissed.
FAMILY LAW – APPEAL – PROPERTY – Short marriage – Appeal against final property settlement orders – Contributions – Debts – Weight challenges – Adequacy of reasons – Application of law – Findings open on the evidence – No error established – Appeal dismissed –
Appellant to pay respondent’s costs in a fixed sum.Legislation: Hague Convention on the Civil Aspects of International Child Abduction Cases cited: Beaton & Beaton [2020] FamCAFC 297
Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148
Biltoft and Biltoft (1995) FLC 92-614; [1995] FamCA 45
CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 76
Christmas v Nicol Bros Pty Ltd (1941) 41 SR (NSW) 317
Concrete Pty Ltd v Parramatta Design& Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55
Deiter & Deiter [2011] FamCAFC 82
Devries v Australian National Railways Commission (1993) 177 CLR 472; [1993] HCA 78
Dublin, Wicklow & Wexford Railway Co vSlattery (1878) 3 App Cas 1155
Edwards v Noble (1971) 125 CLR 296; [1971] HCA 54
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
House v The King (1936) 55 CLR 499; [1936] HCA 40
Lee v Lee (2019) 266 CLR 129; [2019] HCA 28
Malcolm & Monroe and Anor (2011) FLC 93-460; [2011] FamCAFC 16
Morgan & Miles (2007) FLC 93-343; [2007] FamCA 1230
Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110
Robinson Helicopter Co Inc v McDermott (2016) 331 ALR 550; [2016] HCA 22
Sahrawi & Hadrami (2018) FLC 93-857; [2018] FamCAFC 170
Sawant & Karanth [2014] FamCAFC 235
State Rail Authority of NSW v Earthline Constructions Pty Ltd (In Liq) (1999) 160 ALR 588; [1999] HCA 3
Stringer & Nissen (No. 2) (2019) FLC 93-922; [2019] FamCAFC 185
Number of paragraphs: 168 Date of hearing: 7 June 2021 Place: Sydney Counsel for the Appellant: Mr Page QC Solicitor for the Appellant: Consort Family Law Counsel for the Respondent: Mr Batey Solicitor for the Respondent: First Choice Family Lawyers The Independent Children’s Lawyer: Did not participate in the appeal ORDERS
EAA 128…
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- Koyroyshs & Koyroyshs [2021] FedCFamC1A 54
- Case
- [2021] FedCFamC1A 54
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CaseChat Overview and Summary
The court examined the Family Court's application of the welfare principle and the factors it considered in reaching its decision. The Full Court assessed whether the Family Court judge had correctly balanced the various factors relevant to the child's welfare, including the child's need for stability and the importance of the child maintaining a relationship with both parents. The Full Court also scrutinised the evidence presented and the conclusions drawn by the Family Court judge to ensure that the decision was based on a sound and logical assessment of the child's best interests.
The Full Court concluded that the Family Court judge had properly applied the welfare principle and had not erred in his approach. The court found that the Family Court judge had given appropriate weight to the relevant factors and had made a decision that was in the best interests of the child. Consequently, the appeal was dismissed, and the decision of the Family Court was upheld. The Full Court also ordered that the mother pay the father's costs of the appeal in the amount of $7,291.88, as the appeal had been wholly unsuccessful.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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