Family Court of Australia – Full Court

Gosai & Gosai [2020] FamCAFC 176 (23 July 2020)

Parenting – where the primary judge dismissed the mother’s application for the appointment of an Independent Children’s Lawyer without inviting submissions or giving reasons – denial of procedural fairness – where there was a body of objective evidence and evidence the subject of admissions which pointed to violent behaviour by the father – where the primary judge erred in his consideration of the children’s views – where the primary judge erred in finding the children had a meaningful relationship with the father – appeal allowed – matter remitted for rehearing – costs certificates granted.

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