SCVG v KLD

The case involves the applicant, SCVG, and the first respondent, KLD, who are the parents of two children. The dispute centres on the interim parenting orders made under the Family Law Act 1975 (Cth) which suspended the applicant’s access to the children following his arrest for certain offences. The first respondent sought the suspension based on concerns about the children’s welfare. The Family Court of Australia, presided by Faulks Deputy CJ, granted the interim orders on 4 July 2013, considering the best interests of the children under s 60CC of the Act. This decision was upheld by the Full Court of the Family Court of Australia on 24 March 2014.

The legal issues before the court included whether the Family Court properly considered the presumption of equal shared parental responsibility and equal shared time, as outlined in ss 61DA and 65DAA of the Act. The applicant argued that the Family Court did not give adequate weight to these sections when making the interim orders. However, the Full Court determined that, although not explicitly mentioned, the Family Court’s reasoning implicitly considered these statutory provisions within the context of the children’s best interests.

The court held that the Full Court's decision to dismiss the appeal was correct. The court found no error in the Family Court's consideration of the statutory presumptions and concluded that the interests of justice did not warrant special leave to appeal. Consequently, the application for special leave to appeal to the High Court was refused. The court directed that the Registrar should prepare an order dismissing the application.

The final orders reflect the court's decision to dismiss the applicant's special leave application, thereby upholding the interim orders that were initially made by the Family Court of Australia.