Recent judgments of the Family Court of Australia
FAMILY LAW – APPEAL – Appeal against orders made with respect to children in parenting proceedings between the parents and the grandparents of the children – Not established that the trial Judge’s discretion miscarried by way of being manifestly unjust or plainly wrong – Not established that the trial Judge failed to provide adequate reasons – Not established that the trial Judge’s discretion miscarried by failing to take into account relevant facts – Not established that the trial Judge erred in findings of fact – Not established that the trial Judge erred in principle in relation to the absence of cross-examination of a witness – Not established that the trial Judge’s discretion miscarried by error of principle in making orders permitting the children’s uncle to be present and spend time with the children during the periods they spend time with the grandparents, where the uncle was not a party to the proceedings and no such orders were expressly sought – Not established that the trial Judge’s erred in principle nor discretion in failing to have regard to s 43(b).
No error in principle in ordering the mother to attend psychotherapy – The 2005 amendments to s 64B(2) did not change the law to enable a court to make orders directed to parents or other persons to engage in a course of conduct which may benefit a child not directly connected to, or conditional upon, a parenting order for the child to live with, or spend time with, that parent or person – Whilst the trial Judge was entitled to rely on the mother’s expressed willingness to undertake voluntary therapy in reaching his overall conclusions for the parenting orders made, absent her consent to an order for such therapy, the order made is not supported in the circumstances of this case, under s 61C or s 64B(2)(i) – The circumstances of this case are distinguishable from those pertaining in L v T (1999) FLC 92-875; 25 Fam LR 590 such that there is no appealable error in making the order under s 67ZC.