The appellant mother appealed a temporary order granting the father increased access, primarily on the ground that the motions judge had previously presided over a settlement conference concerning the same access issue, contrary to Rule 17(24) of the Family Law Rules.
The appellate court found that procedural fairness was lacking and the motions judge lacked jurisdiction to make the order under these circumstances.
The appeal was allowed, the temporary order was set aside, and the matter was remitted for a new hearing before a different judge.
