Supreme Court of Queensland
1: Re Cresswell [2018] QSC 142 | June 20, 2018
Court or Tribunal: 
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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2: Stewart & Stewart [2017] FamCAFC 67 | April 13, 2017
Court or Tribunal: 
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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3: Watson & Burton [2015] FamCA 549 | July 16, 2015
Court or Tribunal: 
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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4: Helbig & Rowe [2015] FamCA 146 | March 9, 2015
Court or Tribunal: 
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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5: Ridgely & Stiller [2014] FCCA 2668 | November 19, 2014
Court or Tribunal: 
Catchwords: Emotional Abuse, Equal Shared Parental Responsibility, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Parenting Orders, Risk of Psychological Harm, Sole Parental Responsibility, Substantial and Significant Time, Unacceptable Risk, With whom a child spends time with
Judges:  Bender J


Background: The parents separated in 2007 after five years together. The child had lived with the mother since her parents separated when she was 13 months old. Since the separation, the mother engaged in an unrelenting campaign to undermine the child’s relationship with her father, causing the child significant distress. The mother interfered with her daughter’s court-ordered parenting time with her father, often resulting in the child not seeing her father for months at a time.  
 
  [Legal Issue]These proceedings primarily hinged on Section 60CC (2)(a), where the court is required to consider the benefit to the child of having a meaningful relationship with both of the child’s parents. This section was particularly relevant given that the mother prevented and was likely to continue preventing the child to have a meaningful relation with her father.   [Court Orders]The child, who had lived with her mother since her parents separated when she was 13 months old, shall live with father and spend time with the mother. The father shall have sole parental responsibility in relation to health and education, and otherwise the parties to have equal shared parental responsibility.     


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6: Mitchell & Mitchell [2014] FCCA 2526 | November 14, 2014
Court or Tribunal: 
Catchwords: Child Abuse, Emotional Abuse, failure to call witness and Jones & Dunkel inference, Hostile Parental Behaviour, Interim Parenting Orders, Jones & Dunkel inference, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unacceptable Risk, With whom a child lives with, With whom a child spends time with
Judges:  Harman JHenderson J


Background: Since separation, the three children lived primarily with their father [Mr Mitchell]. In these proceedings, Mr Mitchell has conceded that he has denied the children their right to a meaningful relationship with their mother, accepted by Mr Mitchell to be a caring and loving relationship, as well as exposing the children to his significant rage and repeated derogatory comments towards his ex-wife and her lesbian partner, while also exposing the children to discussions of adult issues, (such as the mother’s sexuality), which for children of these ages is entirely unnecessary and inappropriate. 
 
  [Legal Issue]These proceedings primarily hinged on the definition of "abuse" and "family violence", and whether the exposure of the children to the father's rage towards his ex-wife, and specifically the repeated derogatory comments towards his ex-wife and her lesbian partner, constitutes child abuse and/or family violence. The evidentiary standard of "Unacceptable Risk" was used to determine whether the risk of future abuse was significant enough to warrant measures.    [Court Orders]The children’s mother [Ms Mitchell] shall have sole parental responsibility of the three children. The three children shall live with their mother. The children’s father [Mr Mitchell] shall spend time with the children from 11am Saturday until 5pm Sunday each alternate weekend.     


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7: Chan & Phu [2013] FCCA 556 | June 18, 2013
Court or Tribunal: 
Catchwords: Enmeshment, Hostile Parental Behaviour, Sole Parental Responsibility
Judges:  Scarlett J


Background: The parents were together for two years until they separated in 2001, when their daughter was only eight months old. The father has remarried. Relations between the pair have been so strained that they have only communicated by email and they have been arguing about which high school she should attend. They have been battling in the courts since 2003, when the Family Court made orders dealing with their daughter’s surname, where she should live and how much contact each parent should have. In 2007 the Family Court ordered the parents should have equal shared custody of their child but she should live primarily with her mother. 
 
  [Legal Issue]The Judge observed that even after eleven years since the separation, the Mother appears to have “maintained the rage” against the Father for his actions in leaving the relationship. As evidenced from her affidavits, her emails to the Father and her oral submission to the Court, the mother sees all of the Father’s actions as being directed against her personally. Her evidence does not suggest that she is able to separate herself and her feelings from the child and the child's needs to have a relationship with her father. Whilst the Mother claims that the Father is oppositional and exhibits passive-aggressive behaviour, the Father’s evidence suggests otherwise. The email conversation of 29th June 2012 are illustrative of the Father’s claim that he is acting in a manner cond   [Court Orders]Judge Scarlett made interim orders on June 18 that she should live with her father. He said the father should have sole responsibility for making decisions about “major long-term issues” concerning the child’s welfare.     


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8: Pedrana & Cox [2012] FamCA 739 | August 30, 2012
Court or Tribunal: 
Catchwords: Enmeshment, False Allegations of Child Abuse, Obstruction of Contact with Child, Parental Responsibility, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unsupervised contact with Child, With whom a child lives with, With whom a child spends time with
Judges:  Bell J


Background:  
 
  [Legal Issue]   [Court Orders]     


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