Trengove and Rennold

The Full Court of the Family Court of Australia heard an appeal concerning interim parenting arrangements for two children. The appeal was brought by the father against orders made by a single judge, which had placed the children in the care of their maternal grandparents and involved the seeking of a recovery order. The dispute centred on allegations of risk and the procedural fairness afforded to the father.

The primary legal issues before the Full Court were whether the single judge erred in granting a recovery order, whether the father was denied procedural fairness by not being given an opportunity to respond to the Independent Children's Lawyer's (ICL) proposal for the children to live with their maternal grandparents, and whether the interim parenting orders made were in the best interests of the children. The Court also considered the appropriate costs orders for the appeal and the subsequent rehearing.

The Full Court found that the father had been denied procedural fairness, as he was not afforded an adequate opportunity to address the ICL's proposal that the children live with their maternal grandparents. Consequently, the Court allowed the appeal, setting aside the previous interim orders. The Court determined that the best interests of the children were served by them returning to live with the father, subject to the conditions recommended by the single expert. The father was granted sole parental responsibility, with no orders made for time with the mother pending a rehearing. The Court also made extensive orders regarding therapy, communication with the children, and granted costs certificates to the appellant and respondents for the appeal and rehearing, while dismissing the ICL's application for a costs certificate.