Family Court of Western Australia
Court or Tribunal: Family Court of Western Australia
Catchwords: Assisted Reproduction, Biological Father, Biological Mother, Birth Mother, Child of a marriage, Evidence, Parentage, Parental, Parental Responsibility, Parental Rights, Perjury, Surrogacy
Judges: Thackray CJ
Background: A baby with Down syndrome at the centre of an international surrogacy dispute was held by the Family Court of Western Australia not to have been abandoned in Thailand by his Australian parents. This case involved twin children, Gammy, and his sister, Pipah, born in Thailand to a surrogate mother (“the surrogate”) using a Western Australian man’s sperm (“the father”) and an anonymous donor’s eggs. The father returned to Australia with Pipah, but not Gammy. It was claimed by the surrogate that the father had abandoned Gammy in Thailand because Gammy had Down Syndrome. The surrogate issued proceedings in Western Australia seeking the return to her of Pipah to live with her. The father opposed the Application and wanted Pipah to stay living with him. The father had previous conv
[Legal Issue]With whom a child lives – The applicants entered into surrogacy arrangement with the respondent birth mother – Twins born in Thailand as a result – The girl was brought to Western Australia to live with the applicants, while the boy remained in Thailand with the birth mother – The applicants seek an order for the girl to continue living with them – The birth mother seeks an order for the girl to live with her in Thailand – The male applicant is a convicted sex offender but expert evidence indicates that there is a low risk of him abusing the girl – This risk must be weighed against the high risk of harm to the girl if she is removed from her current home
[Court Orders]Orders for the girl to live with the applicants and for them to have parental responsibility – No orders requiring the applicants to allow the birth mother to spend time with or communicate with the girl – Applicants required to send some of the girl's schoolwork to the birth mother – Formal findings made that the applicants did not abandon the boy and did not try to access his trust fund.
Catchwords: Assisted Reproduction, Biological Father, Biological Mother, Birth Mother, Child of a marriage, Evidence, Parentage, Parental, Parental Responsibility, Parental Rights, Perjury, Surrogacy
Judges: Thackray CJ
Background: A baby with Down syndrome at the centre of an international surrogacy dispute was held by the Family Court of Western Australia not to have been abandoned in Thailand by his Australian parents. This case involved twin children, Gammy, and his sister, Pipah, born in Thailand to a surrogate mother (“the surrogate”) using a Western Australian man’s sperm (“the father”) and an anonymous donor’s eggs. The father returned to Australia with Pipah, but not Gammy. It was claimed by the surrogate that the father had abandoned Gammy in Thailand because Gammy had Down Syndrome. The surrogate issued proceedings in Western Australia seeking the return to her of Pipah to live with her. The father opposed the Application and wanted Pipah to stay living with him. The father had previous conv
[Legal Issue]With whom a child lives – The applicants entered into surrogacy arrangement with the respondent birth mother – Twins born in Thailand as a result – The girl was brought to Western Australia to live with the applicants, while the boy remained in Thailand with the birth mother – The applicants seek an order for the girl to continue living with them – The birth mother seeks an order for the girl to live with her in Thailand – The male applicant is a convicted sex offender but expert evidence indicates that there is a low risk of him abusing the girl – This risk must be weighed against the high risk of harm to the girl if she is removed from her current home
[Court Orders]Orders for the girl to live with the applicants and for them to have parental responsibility – No orders requiring the applicants to allow the birth mother to spend time with or communicate with the girl – Applicants required to send some of the girl's schoolwork to the birth mother – Formal findings made that the applicants did not abandon the boy and did not try to access his trust fund.
Court or Tribunal: Family Court of Western Australia
Catchwords: De Facto Relationships, Substantial Relationship
Judges: CRISFORD J
Background: Ms Shelley, a registered nurse, moved into Dr Markhov's unit as his tenant in 1995, a few years after they had met. Over the years the pair bought properties and resided in them together as landlord and tenant. At times they lived on their own, but for the majority of the 14 years, they shared a house and maintained a regular sexual relationship. Ms Shelley claimed over that time the pair were in a "committed and marriage-like" relationship and slept together "every night". Dr Markhov however admitted that they had regular sex, but denied that they were in a "marriage-like" relationship. Dr Markhov claimed that over that time period he was actively looking for a life-partner who was "culturally compatible" to him, on dating websites and had even went overseas to meet women.
[Legal Issue]The court was asked to define the relationship as part of a property dispute between the Dr Markhov and Ms Shelley, who were housemates and had regular sex for 14 years, but otherwise disputed the precise nature of their relationship.
The application was lodged in the WA Family Court a few months before Dr Markhov married another woman in 2009.
[Court Orders]In handing down her decision, Judge Crisford said while she found some of Dr Markhov’s attitudes “dishonourable”, she was not satisfied there was a marriage-like relationship. He never intended to have a long-term relationship with her, she said.
Judge Crisford said Ms Shelley benefited from the arrangement in much the same way and disputed her claims of an exclusive, marriage-like relationship.
Catchwords: De Facto Relationships, Substantial Relationship
Judges: CRISFORD J
Background: Ms Shelley, a registered nurse, moved into Dr Markhov's unit as his tenant in 1995, a few years after they had met. Over the years the pair bought properties and resided in them together as landlord and tenant. At times they lived on their own, but for the majority of the 14 years, they shared a house and maintained a regular sexual relationship. Ms Shelley claimed over that time the pair were in a "committed and marriage-like" relationship and slept together "every night". Dr Markhov however admitted that they had regular sex, but denied that they were in a "marriage-like" relationship. Dr Markhov claimed that over that time period he was actively looking for a life-partner who was "culturally compatible" to him, on dating websites and had even went overseas to meet women.
[Legal Issue]The court was asked to define the relationship as part of a property dispute between the Dr Markhov and Ms Shelley, who were housemates and had regular sex for 14 years, but otherwise disputed the precise nature of their relationship.
The application was lodged in the WA Family Court a few months before Dr Markhov married another woman in 2009.
[Court Orders]In handing down her decision, Judge Crisford said while she found some of Dr Markhov’s attitudes “dishonourable”, she was not satisfied there was a marriage-like relationship. He never intended to have a long-term relationship with her, she said.
Judge Crisford said Ms Shelley benefited from the arrangement in much the same way and disputed her claims of an exclusive, marriage-like relationship.
Court or Tribunal: Family Court of Western Australia
Catchwords: Children, Communication
Judges: CRISFORD J
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[Court Orders]
Catchwords: Children, Communication
Judges: CRISFORD J
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Court or Tribunal: Family Court of Western Australia
Catchwords: International Relocation, Relocation
Judges: Crooks J
Background:
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Catchwords: International Relocation, Relocation
Judges: Crooks J
Background:
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Court or Tribunal: Family Court of Western Australia
Catchwords: International Relocation, Meaningful Relationship, Relocation
Judges: CRISFORD J
Background:
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[Court Orders]The child is to reside with the mother and she is permitted to live in the United Kingdom with the child commencing January 2010.
Catchwords: International Relocation, Meaningful Relationship, Relocation
Judges: CRISFORD J
Background:
[Legal Issue]
[Court Orders]The child is to reside with the mother and she is permitted to live in the United Kingdom with the child commencing January 2010.
Court or Tribunal: Family Court of Western Australia
Catchwords: Inheritance, Property, Property Settlement
Judges: Thackray CJ
Background:
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Catchwords: Inheritance, Property, Property Settlement
Judges: Thackray CJ
Background:
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