TDS & DES & Children's Representative

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding parenting orders made by a single judge. The parties to the appeal were the father (TDS) and the mother (DES), with the children's representative acting on behalf of the two children of the marriage. The core of the dispute revolved around the children's living arrangements and the extent of each parent's involvement in their lives following the parents' separation.

The Full Court was required to determine whether the primary judge had erred in their assessment of the evidence and in the application of relevant legal principles under the *Family Law Act 1975* (Cth). Specifically, the appeal raised questions about the weight given to the children's views, the assessment of each parent's capacity to meet the children's best interests, and whether the final parenting orders made were just and equitable. The court also considered whether the primary judge had adequately considered the risk of family violence alleged by one of the parties.

The Full Court analysed the evidence presented at the original hearing, paying close attention to the reasons provided by the primary judge. They applied the principles established in case law concerning the paramountcy of the child's best interests, the consideration of the statutory factors, and the importance of providing clear and cogent reasons for any departure from a previous arrangement or a particular outcome. The judges reviewed the evidence relating to the children's wishes, the parental capacity, and the alleged family violence, considering whether the primary judge's findings on these matters were supported by the evidence and whether the resulting orders reflected a proper balancing of all relevant considerations.

The Full Court allowed the appeal in part, finding that the primary judge had made certain errors in their assessment. Consequently, the Full Court set aside the original parenting orders and made new orders regarding the children's living arrangements and time spent with each parent, aiming to better reflect the children's best interests as determined by the appellate court.