DILLARD & GRAHAM

In the matter of Dillard & Graham, Judge Bender considered an application pursuant to s.90RD of the *Family Law Act 1975* for a declaration as to whether the parties, Mr Dillard (the father) and Ms Graham (the mother), were in a de facto relationship. The mother asserted a de facto relationship existed between January and July 2011, while the father contended that although they were in a relationship during that period, they were not a couple living together on a genuine domestic basis. The court also addressed a contravention application by the mother concerning the father's actions regarding the parties' son.

The court was required to determine two primary legal issues. Firstly, whether the parties were in a de facto relationship between January and July 2011, as defined by the *Family Law Act 1975*. Secondly, the court had to consider whether the father had contravened interim orders made on 28 August 2013, specifically in relation to vaccinating the parties' son without the mother's consent or knowledge.

On the question of the de facto relationship, Judge Bender found that the parties were indeed in a de facto relationship between January and July 2011. This conclusion was based on evidence that they spent a minimum of four nights together during this period, possessed keys to each other's residences, kept basic clothing and belongings at each other's homes, considered themselves to be in a committed relationship, and jointly parented their son. Regarding the contravention application, the court found that the father had contravened the interim orders by having their son vaccinated without the mother's consent or knowledge, and that he had not proven a reasonable excuse for this contravention. Consequently, the father was restrained from arranging or allowing any medical treatment for the child without the mother's prior written consent, a court order, or in an emergency. The father was also ordered to pay the mother's costs for both the contravention application and her earlier application in a case, as he was unsuccessful in relation to those matters.