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Citation:
[2023] FCoAFC 42
Court:
Full Court of the Federal Circuit and Family Court of Australia (Appeal)
Date:
12 December 2023
Issue:
Appeal – Whether primary judge erred in weight given to family report
Summary:
The father appealed orders granting the mother primary care, arguing the primary judge placed undue weight on a family report that contained factual errors and was based on limited observation time.
The Full Court dismissed the appeal, holding that while the family report contained some errors, the primary judge had considered other evidence and the errors were not material to the outcome. The Court noted that family reports are expert evidence and entitled to significant weight.
Outcome:
Appeal dismissed. Original orders confirmed. Costs reserved.