Cases published October 2016
Family Court of Australia Full Court
Kopel & Ferro [2016] FamCAFC 202 (14 October 2016)
Parenting – relocation – where the appellant appeals against final parenting orders
dismissing an application to relocate overseas with the child – whether the primary judge
erred in his assessment of the parties’ competing proposals – where the primary judge
failed to evaluate the proposal advanced by the appellant – where the error is material –
appeal allowed – whether the remitted re-hearing should be limited to the issue of
relocation – matter remitted without limitation.
Acquaah-Akuffo & Abioye [2016] FamCAFC 194 (27 September 2016)
Parenting – where the father appeals from orders that he return the child to a non-Hague
Convention country –where the trial judge was required to determine in which forum the
parenting dispute should be heard – where the focus of the hearing turned to a
consideration of interim parenting orders – where the trial judge did not appoint an
Independent Children’s Lawyer – where this decision was open to his honour in the
circumstances – where the father asserted that the trial judge failed to give sufficient weight
to the risk that the child may not be returned to Australia if such an order was made –
where the trial judge found that this risk was outweighed by the benefit of the child
returning to the care of his primary caregiver – appeal dismissed.
Family Court of Australia
Leroux & Leroux and Ors [2015] FamCA 1128 (7 October 2016)
Parenting – Independent Children’s Lawyer – application by father for removal of
Independent Children’s Lawyer – allegations that the Independent Children’s Lawyer failed to
recognise and respond to evidence of alienation, failure to raise notice of risk of child abuse,
failure to recognise need of mental health assessments, forming premature unqualified
views, conflict of interest, lack of impartiality, over familiarity with mother’s solicitor,
improper father’s day arrangements, failing to request preliminary report from psychologist,
relevant considerations.
Aiden & Grant [2016] FamCA 861 (6 October 2016)
Parenting – interim parenting – mother’s application for review of senior registrar’s decision
dismissed as to part and otherwise withdrawn – multiple proceedings within a very short
space of time – vexatious nature of proceedings raised by the court of its own volition –
current proceedings found to be vexatious – costs – impecuniosity not a defence – time to
pay – case management.