ZH & N

The Full Court of the Family Court of Australia heard an appeal concerning parenting orders made by a judicial registrar. The dispute involved the parents' disagreement over the children's living arrangements and the father's allegations of the mother's contravention of existing orders.

The primary legal issues before the Full Court were whether the judicial registrar erred in her findings regarding the children's best interests and whether she correctly applied the principles of contravention under the *Family Law Act 1975* (Cth). Specifically, the court considered whether the registrar had adequately assessed the risks and benefits of the proposed parenting arrangements and whether the evidence supported a finding that the mother had intentionally disregarded the court's orders.

The Full Court analysed the registrar's reasons and found that while she had considered the relevant factors under section 60CC of the *Family Law Act*, her assessment of the children's best interests was not sufficiently detailed or evidenced. The court also determined that the registrar had misapplied the test for contravention, focusing on the mother's intent rather than the objective fact of non-compliance. The Full Court reiterated the principles that contravention requires a wilful and deliberate disregard of an order, and that findings of best interests must be grounded in a comprehensive evaluation of the evidence.

Consequently, the Full Court allowed the appeal, set aside the judicial registrar's orders, and remitted the matter back to the Family Court for redetermination.