Parks & Farmer

In the matter of Parks & Farmer, the appeal was brought against interim parenting orders made by a Federal Magistrate. The appellant, the mother, challenged the interim parenting orders, the decision to transfer the proceedings to a different venue, and the decision not to award costs. The Federal Circuit and Family Court of Australia was called upon to determine whether the mother's appeal had merit.

The court had to consider whether the Federal Magistrate's exercise of discretion in making the interim parenting orders and transferring the proceedings miscarried. The court also had to determine whether the mother's appeal was wholly unsuccessful and whether an order for costs should be made. The mother argued that the Federal Magistrate did not adequately assess the risk of family violence and that the proceedings should have been transferred to a different venue.

The court found that the mother's challenges to the Federal Magistrate's exercise of discretion were not established. The court held that the mother's request for primary dispute resolution came after interim orders were sought and that participation in primary dispute resolution would have been unlikely to result in an agreement. The court also found that the mother had not made any application to the Federal Magistrate to defer the parenting and venue disputes so that the parties could participate in interim dispute resolution. The court held that the submissions with respect to the Federal Magistrate's approach to domestic violence did not identify any erroneous finding of fact by the Federal Magistrate or any matter to which the Federal Magistrate should, but failed to have regard. The court held that the mother's appeal was wholly unsuccessful and that no order for costs should be made.

The court dismissed the appeal and made no order for costs.