NP & AP (No. 2)

The Full Court of the Family Court of Australia considered an appeal concerning parenting orders made in the Federal Circuit Court. The dispute involved the parents' disagreement over the children's living arrangements and the father's allegations of family violence. The mother sought to relocate with the children to Queensland, while the father opposed this move and sought orders for the children to live with him.

The primary legal issues before the Full Court were whether the primary judge erred in: (a) failing to adequately consider the father's allegations of family violence in accordance with section 60CG of the *Family Law Act 1975* (Cth); (b) failing to give sufficient weight to the children's expressed wishes, particularly in light of their ages and maturity; and (c) making findings of fact that were not supported by the evidence, leading to an erroneous assessment of the children's best interests.

The Full Court found that the primary judge had indeed failed to adequately address the father's family violence allegations, particularly in relation to the threshold set by section 60CG. The Court reiterated that allegations of family violence must be considered with appropriate seriousness and that a failure to do so could vitiate the subsequent assessment of the children's best interests. Furthermore, the Court held that the primary judge had not given sufficient weight to the children's stated preferences, which were expressed with a degree of maturity and consistency that warranted greater consideration. The Court concluded that these errors meant the primary judge's assessment of the children's best interests was flawed.

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