Minjarez and Minjarez

In the matter of *Minjarez and Minjarez*, Rees J of the Family Court of Australia considered an application by the father for leave to appeal a final order made by a Registrar concerning parenting arrangements for the parties' two children. The primary dispute concerned the father's assertion that the Registrar erred in failing to consider his application for a specific issue order, which sought to prevent the mother from relocating with the children to Queensland.

The central legal issue before Rees J was whether the Registrar had adequately considered the father's application for a specific issue order regarding the proposed relocation of the children to Queensland. This involved determining whether the Registrar's decision to proceed with making final parenting orders without explicitly addressing the specific issue order constituted an error of law or a failure to exercise jurisdiction.

Rees J reasoned that a Registrar exercising the powers of the court under the *Family Law Act 1975* (Cth) must consider all applications properly before them. The Registrar's failure to acknowledge or rule upon the father's specific issue order application, despite it being raised, meant that a crucial aspect of the parenting dispute had not been determined. This omission amounted to a failure to exercise jurisdiction, as the court had not made a determination on the specific issue of relocation, which was a significant factor in the overall parenting arrangements.

Consequently, Rees J granted the father leave to appeal and upheld the appeal. The final parenting orders made by the Registrar were set aside, and the matter was remitted to the Family Court for redetermination, with directions for the specific issue order to be heard and determined.