Bircher & Bircher 2014 FamCA FC 154
Parents submitted a consent order that children transfer between the parents at set times. The father submitted that the mother had contravened an order by failing to facilitate contact on nine occasions by not presenting the children on time. The mother alleged that the parents had verbally agreed to change the times. The judge failed to find evidence of this agreement in transcripts and found that the mother had contravened the order.
The mother appealed and submitted both an email and SMS texts to support her argument.
The appeal judge found that the trial judge had made a mistake of fact and ordered a re-hearing.