Malcolm & Munro

The appeal in Malcolm & Munro was brought by the mother, Ms Malcolm, against orders made by a Federal Magistrate concerning the residence of her child. The primary issue was the Federal Magistrate's decision to restrain Ms Malcolm from relocating with the child to a different district in New South Wales, which was intended to maintain the child's proximity to the respondent, a man with whom the child had a close and loving relationship but who was not the child's biological father. The biological father supported the mother's proposal to relocate.

The court was required to determine whether the Federal Magistrate had correctly considered the competing proposals of the parties regarding the child's residence, whether the Magistrate had made findings unsupported by the evidence, and whether the orders made had an undue negative impact on the mother's relationship with her new partner and the child's relationship with that person. The court also needed to consider the effect of the order for joint parental responsibility between the mother and the father in light of the High Court's decision in MRR v GR.

The court found that the Federal Magistrate had properly considered the factors outlined in section 60CC of the Family Law Act 1975 (Cth), including the child's best interests, in making the decision. The court determined that the Magistrate did not err in the weight given to certain evidence, and that the orders made did not unduly impact the mother's and the child's relationship with the new partner. The appeal was dismissed on all grounds, and Ms Malcolm was ordered to pay the costs of the appeal in accordance with Chapter 19 of the Family Law Rules 2004.