Grace & Grace

[2008] FamCA 1259

FAMILY COURT OF AUSTRALIA

GRACE & GRACE [2008] FamCA 1259

FAMILY LAW – CHILDREN – Adoption – Orders as per application

APPLICANT: Ms E Grace

RESPONDENT: Ms V Grace

FILE NUMBER: BRC 2966 of 2008

DATE DELIVERED: 26 May 2008

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Jordan J

HEARING DATE: 26 May 2008

REPRESENTATION

THE APPLICANT: Appeared in person

THE RESPONDENT: Appeared in person

Orders

IT IS ORDERED BY CONSENT

1. That the child, …, born … November 2007, live with the parties, Ms E Grace and Ms V Grace.

2. That the parties share equal parental responsibility in relation to the child.

3. That the parties share all major long term issues concerning the child’s welfare, including but not limited to education and health.

4. That each party be authorised jointly or solely to obtain medical advice and authorise treatment for the child and any medical practitioner/health professional or practice is hereby authorised to discuss with each party or either of them, the child’s health and medical treatment and to provide any information that either party may request.

5. That each party be authorised jointly or solely to enrol the child in any educational facility, including child care, kindergarten, pre-school, school and after or before school care.

6. That each party be authorised jointly or solely to enrol the child in any extracurricular activity, including sporting, cultural, musical and any other lessons or activity.

7. That each party be authorised to obtain copies of all school reports and any other reports on the child’s progress and behaviour issues and all notices received from the school and any provider of an extracurricular activity in which the child is enrolled, including newsletters, parent letters and general notices.

IT IS FURTHER ORDERED

1. Pursuant to s65DA(2) and s62B, 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 Fact Sheet attached hereto and these particulars are included in these orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 2966 of 2008

MS E GRACE

Applicant

And

MS V GRACE

Respondent

REASONS FOR JUDGMENT

ex tempore

1. The matter before the Court is a very serious one.  The parties before the Court are E Grace and V Grace. They are partners in a same-sex relationship.  They have been in a relationship since February 2005.  More recently, they made a decision to start a family.  As part of that process, they enlisted in the IVF program and, as a consequence of that, a child was born in November 2007. 

2. Having children is a serious step which presents inevitable challenges to parents.  Here, we are dealing with a same-sex relationship which is likely to present the parents and the child with even greater challenges.  In this case, happily, from the material I have read, each of the applicants has illustrated an acute awareness of the challenges ahead of them and their daughter and they have evidenced an intention to take that responsibility very seriously. 

3. In this forum, I am almost invariably dealing with couples in serious conflict.  The Court’s task is to endeavour to resolve very difficult issues which surround parties and their children at a time of crisis. 

4. The task in this matter is a much more pleasant one.  In this case, the child is blessed in that I am not dealing with parents in conflict.  I am obviously dealing with two committed people who have made a very serious and thoroughly considered decision and they are clearly most committed to the child’s welfare. 

5. I can, with some confidence, wish the parties and the child the very best.

6. I make the orders sought. 

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Jordan

Associate: 

Date: