Bercy and Ternes

[2009] FamCA 226

FAMILY COURT OF AUSTRALIA

BERCY & TERNES [2009] FamCA 226

FAMILY LAW  -  CHILDREN  -  application by co-mothers for final parenting orders

Family Law Act 1975 (Cth)

APPLICANT: Ms Bercy

RESPONDENT: Ms Ternes

FILE NUMBER: MLC 11631 of 2008

DATE DELIVERED: 16 March 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Brown J

HEARING DATE: 16 March 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT AND

RESPONDENT:

Forster & Associates

Orders

1. That MS BERCY and MS TERNES have equal shared parental responsibility for … born … December, 2007 (“the child”) and, pursuant to that responsibility, make all decisions relating to the child’s long term and day to day care, welfare and development. 

2. That the child live with MS BERCY and MS TERNES.

3. That pursuant to paragraph (1) of these orders MS BERCY and MS TERNES have exclusive parental responsibility to make applications for THE CHILD pursuant to the Australian Passport Act 2005 and any other decisions relating to the child’s overseas travel. 

4. That all extant applications be otherwise dismissed.

5. That these applications be removed from the List of matters awaiting finalisation.

6. That pursuant to s.62B and s.65DA(2), of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders, and details of who can assist parties adjust to and comply with an order, are set out in the document entitled “Family Law Courts Fact Sheet” a copy of which is annexed to these orders.

7. That the reasons for judgment this day be transcribed a copies made available to the parties. 

8. That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of a solicitor appearing as counsel.

IT IS NOTED that publication of this judgment under the pseudonym  Bercy & Ternes is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 1163 of 2008

MS BERCY

Applicant

And

MS TERNES

Respondent

REASONS FOR JUDGMENT  

1. The parties to this application are Ms Bercy and Ms Ternes.  They have been in a domestic relationship for some years.  Both are in good health and are financially secure.  Having decided to have a child they sought assistance from the Melbourne IVF program.  A known donor can provide sperm through that program and a family friend, Mr G, agreed to play that role.

2. Clearly, Mr. G was aware that the parties intended to jointly parent the child who would be born.  He supported that course.  He did not want to have his name recorded on the birth certificate and he did not seek any rights and responsibilities under the Family Law Act 1975 or any other legislation.

3. The parties' daughter was born in December 2007.  She is just 15 months old and is being brought up by her co-mothers.  She has been accepted into their extended families and social network.  They are an acknowledged family unit and responsible for all aspects of the child’s upbringing.  The child is thriving in their care.

4. The application was served on the donor, Mr G, as required, and he signed an acknowledgment of service on 19 January.  His signature has been identified today.  I am satisfied Mr. G has notice of the application and has had an opportunity to read the affidavit on which the parties rely.  By not appearing today, he tacitly concedes all facts that relate to him.

5. In these circumstances I am very comfortable in finding that the orders proposed are likely to be in the child’s best interests.  I will order that Ms Bercy and Ms Ternes have equal shared parental responsibility for the child and, pursuant to that responsibility, make all decisions relating to her long-term and day-to-day care, welfare and development.  The child is to live with Ms Bercy and Ms Ternes.  To assist in obtaining a passport, the parties will have exclusive parental responsibility to make applications for a passport and any other decisions relating to her overseas travel.  

I certify that the preceding
5  paragraphs
are a true copy of the reasons for
judgment herein of the
Honourable Justice Brown AM.

Dated the           day of            2009.

…………………………………………
Associate.