Friscioni & Friscioni 2010 FamCAFC 108

A father appealed against a decision by a judge allowing a mother to relocate to another country taking an 11 year old child.  Evidence was presented including by the family consultant that the father consumed both alcohol and cannabis in excess and then became aggressive and abusive towards the mother, and that the child had been exposed to this (alcohol abuse,  substance abuse).  Nonetheless the family consultant recommended in favour of the father’s proposal for shared parental responsibility and continuation of the current residential arrangements.  The ICL had supported the mother’s proposal.

The trial judge did not support the recommendation of the family consultant and ICL, and the father argued that the judge gave insufficient weight to the evidence of the consultant.

The appeal judges found that the trial judge had carefully considered all of the evidence and all of the points listed in law, and had made no errors.   The appeal was rejected.