LETSOS & VAKROS

The Family Court of Australia considered proceedings between Mr Letsos (the father) and Ms Vakros (the mother) concerning their child, M. The mother denied the father was the child's father and refused to allow him any contact or to participate in DNA testing, despite a prior Full Court decision upholding a declaration that the father was indeed the child's father. The father sought orders for time with the child and joint parental responsibility, while the mother sought dismissal of his application and sole parental responsibility.

The Court was required to determine several key issues, including whether the conflict between the parents was intractable, the mother's allegations of family violence, whether any mechanisms could be put in place to allow the child to have a relationship with her father despite the parental conflict, and the question of parental responsibility. Additionally, the Court had to consider whether the mother should be restrained from using a birth certificate that incorrectly identified her current partner as the child's father.

In its reasoning, the Court acknowledged the deep and intractable conflict between the parents, noting the extensive history of allegations and counter-allegations. The Court accepted the recommendations of a Family Consultant, who suggested an alternative approach that was likely to cause the least harm to the child, given that both primary options presented risks of emotional and psychological harm. The Court also addressed the issue of the incorrect birth certificate, recognising that its continued use perpetuated a falsehood regarding the child's parentage.

Consequently, the Court ordered that the father's application for time with the child be dismissed and that the mother have sole parental responsibility. The mother was also restrained from using the incorrect birth certificate for any purpose and was ordered to return it to the Registrar of Births, Deaths and Marriages. The Registrar of the Family Court was directed to forward a copy of this order to the New South Wales Registrar of Births, Deaths and Marriages.