M & VZ and Anor

The Full Court of the Family Court of Australia heard an appeal concerning parenting orders made in the Federal Circuit Court. The appeal was brought by the father, M, and the child, VZ, against the mother. The dispute centred on the parenting arrangements for VZ, with the father seeking to vary existing orders.

The primary legal issues before the Full Court were whether the trial judge erred in failing to adequately consider the child's views, and whether the judge's findings regarding the father's capacity to care for VZ were supported by the evidence. The Court also considered whether the judge had properly applied the principles of the *Family Law Act 1975* (Cth) in making the final parenting orders.

The Full Court found that the trial judge had indeed failed to give sufficient weight to VZ's expressed wishes, particularly given VZ's age and maturity. The Court also determined that certain findings about the father's capacity were not adequately substantiated by the evidence presented at trial. Applying the paramountcy principle of the child's best interests, the Court concluded that the original orders were not in VZ's best interests due to these errors.

Consequently, the Full Court set aside the parenting orders made by the Federal Circuit Court and remitted the matter back to that court for redetermination.