Jamieson and Pearson

In the matter of Jamieson and Pearson, Dessau J of the Family Court of Australia considered parenting orders concerning a child, T, born in January 2003. The dispute involved the registration of T's birth records and the determination of parental responsibility and living arrangements.

The court was required to determine whether Mr Pearson should be declared the biological father of T, and consequently, whether T's birth records should be altered to reflect this paternity. Furthermore, the court needed to establish parenting orders, including sole parental responsibility, living arrangements for T, and the nature and extent of contact between T and Mr Pearson. The court also had to consider the need for T to receive psychological support for trauma and stress.

Dessau J applied the provisions of the *Family Law Act 1975*, specifically section 69VA, to declare Mr Pearson as the biological father of T. The court reasoned that this declaration was necessary to rectify T's birth records and reflect the biological reality. Consequently, orders were made for the mother to sign documents enabling the alteration of T's birth certificate to register Mr Pearson as the father and to change T's surname to Pearson. The court also made orders for T to live with his mother and for Mr Pearson to have supervised contact with T at a contact centre. Recognising the potential impact of the proceedings on T, the court ordered the mother to arrange for T to receive psychological therapy for trauma and stress.

The court discharged all previous parenting orders and made no orders for costs. The Independent Children’s Lawyer was to be discharged upon arranging for contact centre application forms to be sent to each parent. The orders also included a fact sheet detailing obligations, consequences of contravention, and sources of assistance, as required by the *Family Law Act*.