Cronin J
Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Post-Nuptial Agreement, Pre-Nuptial Agreement, Pre-Nuptial Agreement
Judges: Aldridge JCronin JStrickland J
Background: The parties met over the internet in early to mid-2006. She was a 36 year old, born and living overseas with limited English skills. She was previously divorced, had no children and no assets of substance. He was a 67 year old, was a property developer and worth approximately $18 to $24 million. He was divorced from his first wife, with whom he had three children, now all in adulthood. Having met on a dating website in early to mid-2006, the parties then commenced speaking with each other on the telephone. They spoke in English and in (language omitted). The applicant agreed that the deceased said to her: “I will come to (country omitted) and we will see if we like each other. If I like you I will marry you but you will have to sign paper. My money is for my children.”
[Legal Issue]The Federal Circuit Court initially set aside the agreements, finding that they were signed “under duress born of inequality of bargaining power where there was no outcome to her that was fair and reasonable”.
However, the Full Family Court ruled the agreements were binding, and said there had not been duress, undue influence or unconscionable conduct on the husband’s part.
[Court Orders]The appeal be allowed.
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Post-Nuptial Agreement, Pre-Nuptial Agreement, Pre-Nuptial Agreement
Judges: Aldridge JCronin JStrickland J
Background: The parties met over the internet in early to mid-2006. She was a 36 year old, born and living overseas with limited English skills. She was previously divorced, had no children and no assets of substance. He was a 67 year old, was a property developer and worth approximately $18 to $24 million. He was divorced from his first wife, with whom he had three children, now all in adulthood. Having met on a dating website in early to mid-2006, the parties then commenced speaking with each other on the telephone. They spoke in English and in (language omitted). The applicant agreed that the deceased said to her: “I will come to (country omitted) and we will see if we like each other. If I like you I will marry you but you will have to sign paper. My money is for my children.”
[Legal Issue]The Federal Circuit Court initially set aside the agreements, finding that they were signed “under duress born of inequality of bargaining power where there was no outcome to her that was fair and reasonable”.
However, the Full Family Court ruled the agreements were binding, and said there had not been duress, undue influence or unconscionable conduct on the husband’s part.
[Court Orders]The appeal be allowed.
Court or Tribunal: Family Court of Australia
Catchwords: Emotional Abuse, False Allegations of Child Abuse, Parental Alienation, Parental Disorders, Psychological Disorders, Risk of Psychological Harm, Unsubstantiated Allegations
Judges: Cronin J
Background: Mr Garzelli (“the husband”) married Ms Lewis (“the wife”) in January 2007 after they had met in 2005 through the internet. The husband is a 61 year old company director who was born in Australia. The wife is a 48 year old woman who was born in Country I. The husband and wife have one child N (“the child”) who was born in 2009 in Country I. This case focussed primarily on the credibility of the wife, and on the expectation that she would work with the father in a co-operative, shared parenting arrangement.
[Legal Issue]The Court, with the assistance of the psychiatric and psychological experts, determined that the mother went to significant efforts to manipulate circumstance to reflect poorly on the husband.
It was suggested that a diagnoses of Borderline or Schizoid personality style or Asperger’s Spectrum Disorder was very likely, exposing the child to likely Parentified Child behaviours, which would force the child to align with the mother and abandon her relationship with her father, so as to meet the mother's increasingly demanding emotional needs and desires.
The diagnoses would render the chances of a co-operative parenting arrangement very unlikely.
[Court Orders]That the husband have sole parental responsibility for the child born ... 2009 but for that purpose, the husband ensure the wife is kept abreast of all major issues about the child and in particular:
(a) advise the wife of any medical treatment for the child;
(b) authorise and direct the school at which the child attends to provide all school reports, newsletters, photographs and invitations usually directed to parents to be provided to the wife.
The parents to otherwise have shared parenti
Catchwords: Emotional Abuse, False Allegations of Child Abuse, Parental Alienation, Parental Disorders, Psychological Disorders, Risk of Psychological Harm, Unsubstantiated Allegations
Judges: Cronin J
Background: Mr Garzelli (“the husband”) married Ms Lewis (“the wife”) in January 2007 after they had met in 2005 through the internet. The husband is a 61 year old company director who was born in Australia. The wife is a 48 year old woman who was born in Country I. The husband and wife have one child N (“the child”) who was born in 2009 in Country I. This case focussed primarily on the credibility of the wife, and on the expectation that she would work with the father in a co-operative, shared parenting arrangement.
[Legal Issue]The Court, with the assistance of the psychiatric and psychological experts, determined that the mother went to significant efforts to manipulate circumstance to reflect poorly on the husband.
It was suggested that a diagnoses of Borderline or Schizoid personality style or Asperger’s Spectrum Disorder was very likely, exposing the child to likely Parentified Child behaviours, which would force the child to align with the mother and abandon her relationship with her father, so as to meet the mother's increasingly demanding emotional needs and desires.
The diagnoses would render the chances of a co-operative parenting arrangement very unlikely.
[Court Orders]That the husband have sole parental responsibility for the child born ... 2009 but for that purpose, the husband ensure the wife is kept abreast of all major issues about the child and in particular:
(a) advise the wife of any medical treatment for the child;
(b) authorise and direct the school at which the child attends to provide all school reports, newsletters, photographs and invitations usually directed to parents to be provided to the wife.
The parents to otherwise have shared parenti
Court or Tribunal: Family Court of Australia
Catchwords: Biological Father, In Vitro Fertilisation, Mitochondrial Transfer, Sperm Donation
Judges: Cronin J
Background: The parties in this dispute lived together as a couple for six months before breaking up in 2002. After separation, they remained friends and the man agreed to donate sperm so that the woman could undergo IVF treatment. The man had also signed a document acknowledging that he had no legal claim to any child born of his sperm donation. However, the man did attend the birth of the child and visited the child regularly, effectively bonding with the child as father and son. This was the case until the relationship between the man and his former partner deteriorated in late 2011, after he revealed that he had a new girlfriend. The woman had since prevented the man from seeing the child. As a result of this, the man launched legal proceedings seeking to re-establish contact with his son, a
[Legal Issue]The woman argued that according to the Status of Children Act 1974 (Vic), there is an irrebuttable presumption that the party donating the sperm that results in an IVF pregnancy is not legally considered the father of the child.
The judge however found that this legislation was irrelevant, as it relied on the sperm donor being effectively "unknown" or "anonymous", where in this case the man had developed a meaningful parental bond with the child.
Even if the legislation was relevant, the man would still comply with the definition of “parent” under the Family Law Act 1975 (Cth), the judge argued, and concluded that despite any potential conflict between the State and Commonwealth legislation, that the Commonwealth law would still prevail, as per Section 109 of the Constitution.
[Court Orders]IT IS ORDERED
(1) That the applicant and the respondent have equal shared parental responsibility concerning the major long-term decisions for the child.
(2) That the child live with the mother with routine stays with his father, encompassing every second weekend and a few hours every Wednesday, once the child reaches school age.
Catchwords: Biological Father, In Vitro Fertilisation, Mitochondrial Transfer, Sperm Donation
Judges: Cronin J
Background: The parties in this dispute lived together as a couple for six months before breaking up in 2002. After separation, they remained friends and the man agreed to donate sperm so that the woman could undergo IVF treatment. The man had also signed a document acknowledging that he had no legal claim to any child born of his sperm donation. However, the man did attend the birth of the child and visited the child regularly, effectively bonding with the child as father and son. This was the case until the relationship between the man and his former partner deteriorated in late 2011, after he revealed that he had a new girlfriend. The woman had since prevented the man from seeing the child. As a result of this, the man launched legal proceedings seeking to re-establish contact with his son, a
[Legal Issue]The woman argued that according to the Status of Children Act 1974 (Vic), there is an irrebuttable presumption that the party donating the sperm that results in an IVF pregnancy is not legally considered the father of the child.
The judge however found that this legislation was irrelevant, as it relied on the sperm donor being effectively "unknown" or "anonymous", where in this case the man had developed a meaningful parental bond with the child.
Even if the legislation was relevant, the man would still comply with the definition of “parent” under the Family Law Act 1975 (Cth), the judge argued, and concluded that despite any potential conflict between the State and Commonwealth legislation, that the Commonwealth law would still prevail, as per Section 109 of the Constitution.
[Court Orders]IT IS ORDERED
(1) That the applicant and the respondent have equal shared parental responsibility concerning the major long-term decisions for the child.
(2) That the child live with the mother with routine stays with his father, encompassing every second weekend and a few hours every Wednesday, once the child reaches school age.
Court or Tribunal: Family Court of Australia
Catchwords: De Facto Relationships, Perjury, Relationships, s121
Judges: Cronin J
Background:
[Legal Issue]
[Court Orders]
Catchwords: De Facto Relationships, Perjury, Relationships, s121
Judges: Cronin J
Background:
[Legal Issue]
[Court Orders]
Court or Tribunal: Family Court of Australia
Catchwords: Children, Relocation
Judges: Cronin J
Background:
[Legal Issue]
[Court Orders]
Catchwords: Children, Relocation
Judges: Cronin J
Background:
[Legal Issue]
[Court Orders]