NP & AP

The Full Court of the Family Court of Australia considered an appeal concerning parenting orders made by a judicial registrar. The dispute involved the parents, identified as NP and AP, and their disagreement over the time the child would spend with each parent. The primary issue on appeal was whether the judicial registrar had erred in making final parenting orders without sufficient evidence or consideration of the child's best interests.

The Full Court was required to determine whether the judicial registrar had failed to properly consider the evidence before the court, particularly in relation to the child's best interests as mandated by the *Family Law Act 1975* (Cth). Specifically, the court had to assess whether the registrar had adequately discharged their duty to ensure that the orders made were in the child's best interests, and whether any procedural unfairness had occurred.

The Full Court found that the judicial registrar had not adequately considered the evidence presented by the parties, nor had they sufficiently articulated how the orders made served the child's best interests. The court emphasised the importance of a judicial officer undertaking a comprehensive assessment of all relevant factors, including the child's views, the relationship with each parent, and the capacity of each parent to provide for the child's needs. The registrar's failure to engage with the evidence and provide a reasoned basis for the orders constituted an error.

Consequently, the Full Court upheld the appeal, set aside the parenting orders made by the judicial registrar, and remitted the matter back to the Family Court for redetermination.