Family Court of Western Australia
1: Farnell & Anor and Chanbua [2016] FCWA 17 – (The Baby Gammy Surrogacy Saga) | April 14, 2016
Court or Tribunal: 
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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3: Green & Hann [2010] FamCA 747 | August 25, 2010
Court or Tribunal: 
Catchwords: Communication, Emotional Abuse, Enmeshment, False Allegations of Child Abuse, Obstruction of Contact with Child, Parental Alienation, Parental Responsibility, Parenting Orders, Psychological Disorders, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unsubstantiated Allegations, With whom a child lives with
Judges:  Cleary J


Background: The parties began a relationship when Ms Green was 12 and Mr Hann was 16 years old. They married in 1993. Two children were born of the marriage. The parties separated in 2004 when the children were aged about 3 ½ years and 18 months old respectively. The children then lived with their mother and spent regular time with their father, including overnight time. Contact between the children and their father proceeded without incident until 2009. However in 2009, the children began to exhibit challenging and concerning behaviour both at school and towards the father.  
 
  [Legal Issue]In 2009, the children began to exhibit challenging and concerning behaviour both at school and towards the father. The Court has found that this behaviour was encouraged by the mother, who had formed an unhealthy dependence on the children. As a result, the Court found that there should be a change of residence, from the mother to the father.    [Court Orders]there should be a change of residence; there should be a period of time when there is limited supervised time with the mother to enable them to settle down in the father’s household and to begin to understand all the changes in their lives; the children’s behaviour, especially C’s, needs ongoing therapeutic intervention. I find that the mother would not facilitate this but the father and his extended family will; communication between the parties may improve after the mother takes     


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