By Craig Nicol and Keleigh Robinson -
Key decisions
- Arrighetti & Qodirova [2026] FedCFamC1A 1
- Aguirre & Aguirre [2026] FedCFamC1A 17
- Chambers & Spillett (No 3) [2025] FedCFamC1F 902
- Marley & Chadwick [2025] FedCFamC1F 922
CHILDREN
No error in orders for reversal of care and moratorium on maternal time – cases where trial judge obliged to consider orders other than those sought by parties ‘likely to be rare’
In Arrighetti & Qodirova [2026] FedCFamC1A 1 (12 January 2026), the Full Court (McClelland DCJ, Riethmuller and Kari JJ) dismissed an appeal from final parenting orders of Jarrett J that reversed a primary mother’s care in favour of the father and placed a six month moratorium on the mother’s time with the parties’ 10-year-old daughter.
The child had not spent any time with the father since ‘early 2022’ as the mother alleged the father had a ‘sex addiction’ and the child was a victim of sexual abuse by him. The father argued the mother posed an unacceptable risk of harm and she was incapable of supporting the child’s paternal relationship.
