1: Masson v Parsons [2019] HCA 21 | June 19, 2019

Court or Tribunal: High Court of Australia
Catchwords: Assisted Reproduction, Biological Father, Biological Mother, Birth Mother, Parentage, Parental Rights, Same Sex Parents, Same Sex Relationship, Sperm Donation, With whom a child spends time with
Judges:  Bell JEdelman JGageler JGordon JKeane JKiefel CJNettle J


Background: Mr Masson had donated his genetic material in 2006 in a private, personal insemination to his friend of about 25 years, named under a pseudonym as Susan Parsons. Mr Masson agreed on the understanding he would help as a parent, provide financial support and physical care. He is named as the girl’s father on her birth certificate. He was actively involved in the life and care of the girl and her younger sister, with both calling him “Daddy”, court documents show. Issues arose when the mother and her partner, Margaret, tried to take the girls, then aged 10 and 9, to live in New Zealand, where the couple married in 2015.  
 
  [Legal Issue]Mr Masson’s lawyers argued that, under the Commonwealth law, Mr Masson should be the parent, as he is the biological father and was involved in the child’s life. He had donated his genetic material in 2006 in a private, personal insemination to his friend of about 25 years, named under a pseudonym as Susan Parsons. Mr Masson was at first successful in fighting their move overseas, but the Parsons appealed before a full court of the Family Court, which agreed with the women that he was not a legal parent. They successfully argued that the laws in most of the states rule out a sperm donor from being a father and that Mr Masson was therefore not a parent. Mr Masson appealed to the High Court where the case was heard in April. He argued that the Commonwealth law should apply   [Court Orders]The High Court has found a man who donated his sperm to a lesbian friend to have a child is the father, due to his involvement in the child’s life.     


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2: Re Cresswell [2018] QSC 142 | June 20, 2018

Court or Tribunal: Supreme Court of Queensland
Catchwords: Assisted Reproduction, In Vitro Fertilisation, Parens Patriae, Posthumous Sperm Donation, Sperm Donation, Succession
Judges:  Brown J


Background: A Queensland woman applied to the Qld Supreme Court in Brisbane for the right to use her dead boyfriend’s sperm to have a baby. Ayla Cresswell’s partner Joshua Davies died suddenly in August 2016, and within hours the court granted permission for his sperm to be harvested. Ms Cresswell sought approval from the court to use the sperm, which is being held at an IVF clinic. 
 
  [Legal Issue]The court decided the sperm was capable of being deemed “property” and that Ms Cresswell was entitled to permanent possession of it. Ms McMillan said while the resulting child would not have the benefit of a father, there was support from a paternal and maternal grandfather.   [Court Orders]The applicant is entitled to possession and use of the spermatozoa to facilitate pregnancy and the Queensland Fertility Group (QFG) is to transfer directly the spermatozoa to Women’s Health Only (WHO) on the applicant’s direction.     


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3: Stewart & Stewart [2017] FamCAFC 67 | April 13, 2017

Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Appeal, Child Support, Departure Determination, extra-curricular activities, School Fees, Sole Parental Responsibility
Judges:  Aldridge JBryant CJChief Justice Diana BryantCoates JJustice Michael KentJustice Murray AldridgeJustice Stephen CoatesKent J


Background: A divorced mother, known by her court appointed pseudonym as Ms Stewart, has sought an Order from the Court that her two children, one boy and one girl, upon reaching high school age, should be enrolled in two prestigious same-sex private schools, the son of which to follow in the father's family tradition, she claimed, and attend the father's and grandfather's alma mater. As the Federal Circuit Court heard the previous year prior the case being appealed to the Full Court of the Family Court, the estimated cost of the tuition fees alone, if both children attended private school, would be approximately $50,000 a year. The Court further heard that even without taking into account the extra expenses of a private education and probable fee increases, it would cost up to $300,000 in total to 
 
  [Legal Issue]In the original decision from the Federal Circuit Court of Australia, Justice Stephen Coates relied on the mother's financial capacity in determining as to whether this case had any merit, and consequently found that Ms Stewart had not established that the cost of private schooling would be affordable. "The mother said she could afford 40 per cent of the fees, yet on her income, I do not see she has proven her case," he said. He ruled that the children should attend a government high school, saying they would not be disadvantaged as the state provides "a capable education system". The judge said the Stewarts' son would cope with not going to the private school "if the mother responsibly handles the situation for the child, even though such an order would be a great disappointment    [Court Orders](1) The application in an appeal filed by the appellant mother on 21 February 2017 is dismissed. (2) The appeal is dismissed. (3) The appellant mother pay the respondent father’s costs of and incidental to the appeal to be agreed, or failing agreement, to be assessed.      


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4: Farnell & Anor and Chanbua [2016] FCWA 17 – (The Baby Gammy Surrogacy Saga) | April 14, 2016

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.     


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5: Watson & Burton [2015] FamCA 549 | July 16, 2015

Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Emotional Abuse, Equal Shared Parental Responsibility, False Allegations of Child Abuse, Parental Disorders, Risk of Psychological Harm, Sole Parental Responsibility, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Tree J


Background: The mother of children aged 10 and 7 years was in her third long term relationship. The first relationship commenced when she was aged 18 years and produced 3 children. The second relationship commenced when the mother was aged 25 years and lasted for 12 years, producing 3 children. The mother alleged that the father had sexually abused one child and the child protection department removed two children from the mother’s care and stopped contact with the father for a period, deeming that the father presented an unacceptable risk of harm to the children. This assessment was later reviewed and reversed when it was found that the mother had made false allegations of sexual abuse by the father. The children were then placed in the care of the father. The mother commenced supervised co 
 
  [Legal Issue]The family consultant opined that an allocation of equal shared parental responsibility and equal division of time between the parents might overcome the reluctance of the father to facilitate a meaningful relationship between the mother and the children, as it would effect a balance in power between the parents. The judge described this view as hope triumphing over experience. The judge found that the consultant had not considered the effect of the mother’s allegations on the father. The judge noted that the family consultant had not spoken to the mother’s therapist whom the mother had seen monthly for 8 years. The judge ordered that the children live with the father and spend time with the mother, and that the father have sole parental responsibility.   [Court Orders]The children B born ... 2004 and C born ... 2008 (“the children”) shall live with the father. The father shall have sole parental responsibility for all decisions concerning the long-term care and welfare and development of the children, but otherwise each parent shall have the sole responsibility for all decisions concerning day-to-day care, welfare and development of the children for the time that they are in that parent’s care. The father is to notify the mother in writing of all      


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6: Huffman & Gorman [2015] FamCA 317 | April 29, 2015

Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Emotional Abuse, Entrenched Parental Conflict, False Allegations of Child Abuse, Meaningful Relationship, Parental Disorders, Property, Psychological Disorders, Recorded conversations, Risk of Psychological Harm, Unacceptable Risk, Unsubstantiated Allegations, With whom a child lives with
Judges:  Hannam J


Background: The mother is 42 and the father is 43 years old. The parties commenced a relationship in 1999 when they were in their late twenties. The case involves competing claims of domestic violence and property dispute. In relation to parenting matters there are three significant factual disputes. First, the father contends that he was the victim of serious systematic violence perpetrated by the mother for most the relationship. The mother contends that it was the father who was violent towards her and that if she also engaged in violence, it was in response to the father’s antagonism. Second, the mother contends that the father and his (second) wife Mrs H abused the children after separation, which is denied by the father. Finally, it is central to the father and the ICL’s ca 
 
  [Legal Issue]No doubt in the majority of cases there will be a positive benefit to a child of having a significant relationship with both parents, but there will also be some cases where there will be no positive benefit to be derived by a child by a court attempting to craft orders to foster a relationship with one parent if this would not be in the child’s best interests. The ICL’s proposal is based to a large extent upon the recommendations of Dr K. In his report Dr K was of the view that the children should live with their father and he should have sole parental responsibility for them. He then said: After a significant period of time to allow the children to develop security and connection in their father’s home, it would be ideal for the children to maintain some time spent with the m   [Court Orders]The children shall live with their father, Mr Huffman (“the father” or “the husband”). The father shall have sole parental responsibility for the children. The children shall spend no time with their mother, Ms Gorman (“the mother” or “the wife”), for a period of 12 months from the date of these orders. Thereafter, the children shall spend supervised time with their mother each second month, at a supervised contact centre. The father shall do all acts and things neces     


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7: Helbig & Rowe [2015] FamCA 146 | March 9, 2015

Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Child Abuse, Complaint against ICL, Emotional Abuse, False Allegations of Child Abuse, Falsified Documents, Risk of Psychological Harm, Sole Parental Responsibility, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Rees J


Background: The parents separated in January 2009 when the children were three and eight weeks old, respectively. The mother moved away from the matrimonial home with the children, who lived with her. This case has a signification history of litigation since then, culminating into these proceedings. In this case, the mother has made serious allegations of child sexual abuse by the father against a child of the marriage. As a result she has requested that the children live with her and that any time that the children spend with the father be supervised. After investigation, the allegations were deemed to be 'false'. The family report went so far as to recommend that the children be 'immediately' removed from the mother's care because of her unrepentant beliefs that the father was a paedophile  
 
  [Legal Issue]This case hinged on whether the allegations made by the mother that the father had sexually abused the child or children of the marriage were reliable and plausible to the extent that they would raise the issue of "unacceptable risk". The family courts responsibility is not to determine whether child sexual abuse did or did not occur, unlike the criminal courts. However when faced with an allegation of child sexual abuse, it refers to the standard of proof of "unacceptable risk".    [Court Orders]-That X (“X”) born ... 2005 and Y (“Y”) born ... 2008 (“the children”) live with their father, Mr Rowe (“the father”). -That the father have sole parental responsibility for the children. -That the father inform Ms Helbig (“the mother”) in writing (including by email or text message) as soon as practical of any specialist medical appointments for either of the children with any medical consultant. -That the father do all acts and things to ensure that the mother is provide     


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8: Thornton & Thornton [2015] FamCA 92 | February 23, 2015

Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, False Allegations of Child Abuse, Recorded conversations, Unacceptable Risk, Unsubstantiated Allegations
Judges:  Murphy J


Background: The parents of two girls, aged 10 and 6, engaged in failed financial negotiations after separation. Soon after these negotiations, the mother raised allegations of child sexual abuse by the father against their two female children. The children were medically examined but were found to have no physical indications of sexual abuse. The children were also found to have made inconsistent statements to police, family members and carers. The children also made conflicting statements as to their desire to see their father.  
 
  [Legal Issue]Where the mother alleges that the father had engaged in sexual misconduct against their two female children – Where relevant rules of evidence are excluded pursuant to s 69ZT of the Act – Where expertise need not be established as a result – Where the trial judge holds that the appropriate qualifications, training or experience of an expert is a significant factor in the attribution of weight. Where the evidence is insufficient to establish the risk as unacceptable.    [Court Orders]The mother has been handed sole parental responsibility for the girls. The father will be allowed to spend unsupervised time with the girls, aged 10 and 6, for up to half of each school holiday period, but the mother will make all major decisions about the girls. The Judge explained that the Sole Parental Responsibility Orders were to avoid conflict between the parents.      


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9: Yip & Wreford and Anor [2015] FamCAFC 21 | February 19, 2015

Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Appeal, Child Support, Departure Determination
Judges:  May JStrickland JThackray CJ


Background: The appellant father in this case sought a review of a child support departure determination and a subsequent Social Security Appeals Tribunal decision which both determined an increased taxable income for child support purposes. The father’s appeal to the Federal Circuit Court on this matter was dismissed and the father now seeks to appeal that decision. 
 
  [Legal Issue]This was an application for leave to appeal from the dismissal of an appeal from the Social Security Appeals Tribunal which increased the appellant’s taxable income for child support purposes. The application was dismissed with costs. In its judgment, the court analysed and determined a number of significant questions of law arising out of the interpretation of the Child Support (Assessment) Act 1989 (Cth) which would be of interest to family law specialists.   [Court Orders]The appeal application was dismissed. The Court found no error in law by failing to refer to s 117(7A) of the Child Support (Assessment) Act 1989 (Cth). No issue of procedural fairness arises – Application for leave to appeal dismissed – Appellant father ordered to pay costs.     


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10: Wands & Vine [2015] FCCA 221 | February 3, 2015

Court or Tribunal: Federal Circuit Court of Australia
Catchwords: Contravention, Obstruction of Contact with Child, Parenting Orders
Judges:  Scarlett J


Background: This is an application to deal with the Respondent Mother for contravention of a parenting order, which was one of a series of orders made on 17th December 2013 after a Defendant Hearing. The order provided that the Father would spend time with the child [X] on the Father’s birthday for a period of a number of hours on [date omitted] 2014. That time did not take place. The Mother, with the benefit of legal advice, has conceded that contravention and no reasonable excuse has been established, although I have heard submissions in mitigation from the Mother’s solicitor. 
 
  [Legal Issue]Children – parenting orders – contravention of parenting orders – orders – where mother has previously contravened parenting orders – whether make up time should be allowed – whether injunction should be ordered against the mother in respect of the child’s school.   [Court Orders]The Respondent Mother did on 24 May 2014 without reasonable excuse contravene Order (5)(e) made on 17 December 2013 in that she failed to allow the Father to spend time with the child [X]. In respect of the above contravention the Mother is required to enter into a bond under the provisions of section 70NEC of the Family Law Act 1975 without surety or security for a period of eighteen (18) months on the condition that she abide by all current parenting Orders. By way of make-up time the Ap     


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