ZHAI & JUAN

The appellants, Mr and Mrs Zhai, brought an appeal against a decision of the Family Court of Australia that had found them to be unfit parents. The primary judge had made the finding in the course of divorce proceedings, where the respondent, Mrs Juan, had sought sole custody of the parties' two children. The Family Court of Australia held that the appellants' inability to foster a healthy relationship between the children and their mother, and their failure to appreciate the need to do so, made them unfit parents. The appeal was brought to the Full Court of the Family Court of Australia.

The appeal hinged on two legal issues: first, whether the primary judge had erred in law by finding the appellants to be unfit parents; and second, whether the primary judge had erred in making a finding of unfitness without first making a finding that the appellants were "bad parents". The appellants argued that the primary judge had not considered the best interests of the children in making his findings, and that he had failed to consider the appellants' efforts to foster a relationship between the children and their mother.

The Full Court of the Family Court of Australia found that the primary judge had not erred in his findings. The Full Court held that the primary judge had correctly considered the best interests of the children, and had properly exercised his discretion in finding the appellants to be unfit parents. The Full Court held that the primary judge was not required to make a finding that the appellants were "bad parents" before making a finding of unfitness, and that the primary judge had not erred in making his findings. The appeal was dismissed.

The orders of the court were that the appeal be dismissed, that the costs of the appeal be paid by the appellants, and that the appellants pay the respondent's costs of the appeal on an indemnity basis.