Bass & Bass [2012] FamCAFC 202 – 06/12/2012

CATCHWORDS:

FAMILY LAW – APPEAL – CHILDREN –where the appellant father alleged that the trial Judge erred in making an order that provided that the 15 year old child spend no time with the father until he attains majority without consent of the mother – where the appellant father alleged that such an order was contrary to the evidence of the single expert and that the trial Judge had failed to give consideration to the practicality of an order prohibiting the child from seeing the father – where the Full Court was satisfied that the trial Judge had balanced the evidence of the expert as well as the views of the child and that it would not be not justified in interfering with the trial Judge’s decision on the basis of issues of weight – where the appellant father argued that the trial Judge erred in ordering the father’s name be removed as a trustee of the fund to support the child – where the respondent mother conceded that neither party sought this order nor was either party heard in relation to it making – order discharged by the Full Court – Appeal and Application to adduce further evidence of events subsequent to trial dismissed – Order that the father pay the mother’s costs in relation to the appeal.


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