RG v JR

The Full Court of the Family Court of Australia heard an appeal concerning parenting orders. The parties, RG and JR, were in dispute regarding the parenting arrangements for their child.

The primary legal issues before the Full Court were whether the primary judge erred in: (1) failing to adequately consider the child's right to be heard, and (2) making findings of fact that were not supported by the evidence. The appeal also raised questions about the proper application of the paramountcy principle in determining the child's best interests.

The Full Court found that while the primary judge had acknowledged the child's views, there was insufficient evidence to demonstrate that these views were properly ascertained and given due weight in accordance with the Family Law Act 1975 (Cth). The Court also identified instances where the primary judge's factual findings appeared to be unsupported by the evidence presented. The Court reiterated the importance of a thorough and evidence-based assessment when determining parenting orders, particularly concerning the child's right to express their views.

The Full Court upheld the appeal, setting aside the original parenting orders and remitting the matter for redetermination by a different judge.