Sciacchitano & Zhukov

The appeal before the court was brought by Mr Sciacchitano, the appellant, against the decision made by the primary judge in the matter of his dispute with Ms Zhukov, the respondent, concerning parenting arrangements for their three-year-old child. The Federal Circuit and Family Court of Australia, in its appellate jurisdiction, heard the appeal and provided its decision on 2 December 2024. The primary judge had determined that he could not ascertain what was in the child’s best interests beyond six years of age. The appellant contended that the primary judge had failed to consider the prospect of further litigation and questioned the construction of section 65DAAA of the Family Law Act. Furthermore, the appellant argued that the respondent’s evidence should not have been accepted and that the outcome was glaringly improbable or contrary to compelling inferences.

The court was tasked with examining whether the primary judge erred in his consideration of future litigation and the interpretation of section 65DAAA. Additionally, the court had to determine if there was procedural unfairness, whether the appellant's claims about the respondent's evidence were valid, and if the outcome was against compelling inferences. The court found that the primary judge had not failed to consider the prospect of further litigation and provided adequate reasons for his decision. The orders made by the primary judge were in line with the recommendations from the Court Child Expert, ensuring that the parties were aware of the potential outcomes. The court held that the outcome was not glaringly improbable or contrary to compelling inferences, and there was no procedural unfairness.

The court dismissed the appeal and ordered the appellant to pay the respondent’s costs in a fixed sum of $15,000 within 28 days. The form of the order is subject to review and potential variation as per the relevant rules of the Federal Circuit and Family Court of Australia. This decision underscores the importance of adhering to the recommendations of experts and ensuring that parties are adequately informed of potential outcomes in parenting disputes.

The court’s reasoning and final orders reflect a balanced approach to the complex considerations inherent in family law matters, particularly those involving young children.