Asprey and Delamarre

Case

[2013] FamCA 214

5 April 2013


Details
AGLC Case Decision Date
ASPREY & DELAMARRE [2013] FamCA 214 [2013] FamCA 214 5 April 2013

CaseChat Overview and Summary

In *Asprey and Delamarre*, heard by Cleary J, the dispute concerned declarations regarding a de facto relationship and the parentage of two children. The applicant, Ms Asprey, sought declarations that she and Mr Delamarre had been in a de facto relationship and that two children, B and C, were children of that relationship.

The primary legal issue before the court was whether the evidence established the existence of a de facto relationship between Ms Asprey and Mr Delamarre for the period alleged, and consequently, whether the children B and C were children of that de facto relationship. The court was required to make declarations pursuant to section 90RD of the *Family Law Act 1975* (Cth).

Cleary J made declarations that a de facto relationship existed between Ms Asprey and Mr Delamarre from May 2002 until January 2011. Furthermore, the court declared that there were two children of this de facto relationship, namely B, born in July 2007, and C, born in September 2010. The proceedings were subsequently listed for directions.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Statutory Construction

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Cases Citing This Decision

1

Cowell & Ross [2022] FedCFamC2F 427
Cases Cited

2

Statutory Material Cited

0

Jonah & White [2012] FamCAFC 200
Jonah & White [2011] FamCA 221