Helbig & Rowe [2012] FamCAFC 169 – 24/10/2012

CATCHWORDS:

FAMILY LAW ─ APPEAL ─ Appeal against interim orders of Federal Magistrate made in parenting proceedings ─ Where both parties sought orders that the father’s time with the children, on an interlocutory basis, be supervised ─ Where the dispute was whether, as the mother sought, more formal independent supervision should be ordered or, as the father sought, whether supervision should be by a member of the father’s family, and the frequency and duration of time the father spent with the children ─ Nothing to which the Court was referred demonstrated that his Honour was in error in accepting the evidence of the people who the father wanted as supervisors, or erred in finding that they were appropriate supervisors of the father’s time with the children ─ Where neither the learned Federal Magistrate’s reasons for judgment, nor anything said by his Honour during the course of the proceedings to which the Court was referred established that anything but the most tentative, and carefully guarded observations were recorded by the learned Federal Magistrate ─ Not demonstrated that the learned Federal Magistrate erred in any relevant sense ─ Appellate intervention not enlivened ─ Appeal dismissed.

FAMILY LAW ─ APPEAL ─ COSTS ─ Where it was conceded on behalf of the mother that if the appeal was unsuccessful she could not resist an order for costs ─ Where the appeal was unsuccessful ─ Order for costs made in favour of the father with execution of order stayed until determination of the financial proceedings between the parties.


NOTE: The period for seeking special leave to appeal to the High Court has not expired.