A MOTHER who
could not afford the
petrol to drive her
children to a
court-ordered
contact visit with
their father should
never have been
jailed, the Full
Bench of the Family
Court has ruled.
In an
extraordinary
judgment, the court
said not only did
Federal Court
magistrate Michael
Jarrett get it
wrong, his
considerations fell
"far short" of what
was required by the
Family Law Act.
With no money to
put petrol in her
car and without a
lawyer, she had
represented herself
before Mr Jarrett,
who earns $239,430.
She was jailed
for four months in
March but released
on appeal on the
order of the Full
Bench after eight
weeks and reunited
with her daughter,
6, and son, 8.
The Full Bench of
the Family Court
reserved its reasons
which were published
yesterday.
Justice Mary Finn,
Justice Bernard
Warnick and Justice
Jennifer Boland said
prison should only
be invoked as a last
resort.
"For this mother,
with primary care of
two young children,
the more so," the
judges said.
They said they
expected Mr Jarrett
would have "cogent
and thorough"
reasons for such a
serious decision
however his reasons
were "deficient in
detail and lacked
clarity".
The parents split
up when their son
was 14 months and
the mother was
pregnant with their
daughter. The
children have always
lived with their
mother, who has
since remarried.
The three judges
said Mr Jarrett was
also wrong in
sending the children
to live with their
father indefinitely
when he jailed their
mother.
Just three months
earlier, a Family
Court judge had
granted the mother
custody, saying she
was an outstanding
parent doing an
outstanding job and
living with their
father would expose
them to "too much
prospect of harm".
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