Leandra & Randles

The appeal in Leandra & Randles was brought by the mother, Ms Leandra, against interim parenting orders made by a judge of the Federal Circuit Court. The orders required the children to live with the father, Mr Randles, and spend time with the mother. The mother had appealed from those orders on the basis that the primary judge had failed to apply the well-known principles referrable to cases involving relocation and had taken into account irrelevant matters in coming to her decision. The appeal was allowed by consent on the basis of there being an error of law. The court then re-determined the interim parenting arrangements, finding that the children should be returned to their mother’s care. This decision was based on the evidence that the children were distressed from the loss of their mother’s primary care and that there was insufficient evidence on which the court could safely rely to accept the submission of the father’s counsel that he was the children’s primary carer and was attending to all of their daily needs. In relation to costs, the mother’s application for costs against the father at first on an indemnity basis, which was subsequently not pressed, but instead sought an order that the father pay the mother’s costs of the appeal and rehearing on a party/party basis was rejected. The court found that it would not be just to make an order for costs and that each party should pay his or her own costs. However, costs certificates were granted to both parties in relation to the appeal and the rehearing.