Mizushima & Crocetti (No 3)

Case [2024] FedCFamC1F 542

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Mizushima & Crocetti (No 3) [2024] FedCFamC1F 542 

File number(s): SYC 4694 of 2020
Judgment of: CURRAN J
Date of judgment: 15 August 2024
Catchwords: FAMILY LAW – PARENTING – Where the applicant seeks declarations as to parentage – Where neither party is biologically related to the children – Whether the applicant is a parent – Consideration of s 60H – Whether the parties were in a de facto relationship at the time of conception – Whether the applicant is a parent pursuant to s 69R- Where the respondent contends that the presumption of parentage is rebutted by the applicant’s coercive and controlling conduct – Consideration of coercive and controlling behaviour – Where the presumption under s 69R has not been rebutted – Where it is found that the applicant is a parent according to Masson v Parsons – Whether the respondent should be permitted to relocate with the children to the UK – Whether relocation in the best interests of the children – Where relocation not permitted
Legislation:

Family Law Act 1975 (Cth) ss 4AA, 4AB, 60CC, 60H, 61D, 61DAA, 61DAB, 65C, 69R, 69U, 102

Family Law Regulations 1984 (Cth) reg 12C

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 7.10

United Nations Convention on the Rights of the Child (1989) Art 7,8,9

Cases cited:

Baker & Landon (2010) 238 FLR 210

Bernieres & Anor v Dhopal & Anor (2017) 57 Fam LR 149

Carter & Wilson [2023] FedCFamC1A 9

Ellis & Murphy [2018] FamCA 468

Fairbairn v Radecki (2022) 275 CLR 400

Illgen & Yike [2018] Fam CA 17

Jones v Dunkel (1959) 101 CLR 298

Keaton & Aldridge [2009] FMCAfam 92

Lynam v Director-General of Social Security (1983) 52 ALR 138

Masson v Parsons (2019) 266 CLR 554

Olivier & Olivier [2020] FamCA639

Ramzi & Moussa [2022] FedCFamC2F 1473

Tinashe (2021) 62 Fam LR 561

U v U (2002) 211 CLR 238

Zahawi & Rayne [2016] FamCAFC 90

Division: Division 1 First Instance
Number of paragraphs: 468
Date of hearing: 15-24 May 2024 and 25 June 2024
Place: Sydney
Counsel for the Applicant: Ms Gillies SC with Ms Shea
Solicitor for the Applicant: Steiner Legal Pty Ltd
Counsel for the Respondent: Ms Wallace
Solicitor for the Respondent: Legal Aid NSW
Counsel for the Independent Children's Lawyer: Ms Bromberger
Solicitor for the Independent Children's Lawyer: Russell Kennedy Lawyers NSW

ORDERS

SYC 4694 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:

MR MIZUSHIMA

Applicant
AND:

MS CROCETTI

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

CURRAN J

DATE OF ORDER:

15 AUGUST 2024

THE COURT ORDERS THAT:

Parentage

1.THE COURT DECLARES THAT Mr Mizushima, born 1962, and Ms Crocetti, born 1962, are the parents of Y and X, both born 2018 (“the children”).

Parental Responsibility

2.The respondent shall have sole decision making responsibility for all decisions concerning major long term issues as defined in Section 4(1) of the Act effecting the children,…

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AGLC
Mizushima & Crocetti (No 3) [2024] FedCFamC1F 542
Case
[2024] FedCFamC1F 542
Decision Date

CaseChat Overview and Summary

Mr Mizushima commenced proceedings against Ms Crocetti, seeking declarations of parentage, orders as to the care and control of the children, and other related orders. The central dispute was whether Mr Mizushima was a parent of the children, and if so, what arrangements should be made for the care and control of the children. The court had to determine whether the parties were in a de facto relationship at the time of the artificial conception procedure and whether Mr Mizushima was a parent under s 69R of the Family Law Act 1975. Additionally, the court had to decide whether Ms Crocetti should be permitted to relocate with the children to the United Kingdom and whether such relocation was in the best interests of the children.

The court found that the parties were not in a de facto relationship at the time of the artificial conception procedure, thus Mr Mizushima's claim of parentage pursuant to s 60H failed. However, the court held that Mr Mizushima is a parent under s 69R because his name appears on the children's birth certificates. The court also considered whether Ms Crocetti's coercive and controlling behaviour rebutted the presumption of parentage but found that it did not. Consequently, the court declared Mr Mizushima and Ms Crocetti as the parents of the children. Regarding the relocation, the court found that it was not in the best interests of the children for Ms Crocetti to relocate with them to the UK and therefore denied the application for relocation.

The court ordered that the children would live with Ms Crocetti in Australia but spend time with Mr Mizushima on a detailed schedule. The orders also included provisions for communication between the children and both parents, travel arrangements, and exchange of information. The court further directed the parties to enrol in and complete a Parenting After Separation course and restrained both parties from making derogatory remarks about each other in the presence of the children. The applicant was ordered to pay the costs of the Independent Children's Lawyer.

Orders

Orders of the court

SYC 4694 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR MIZUSHIMA

Applicant

AND:

MS CROCETTI

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

CURRAN J

DATE OF ORDER:

15 AUGUST 2024

THE COURT ORDERS THAT:

Parentage

1. THE COURT DECLARES THAT Mr Mizushima, born 1962, and Ms Crocetti, born 1962, are the parents of Y and X, both born 2018 (“the children”).

Parental Responsibility

2. The respondent shall have sole decision making responsibility for all decisions concerning major long term issues as defined in Section 4(1) of the Act effecting the children, except in respect of the children’s names.

3. In making the decisions for the children the respondent will:

(a) Provide to the applicant, via email, details of any major long term decision she intends to make for the children, including any information provided by the school, or medical professional, or any other third party that the mother has used in considering the decision giving the applicant 14 days to consider and provide his view;

(b) Take into consideration any views expressed by the applicant, which will be expressed by the applicant in writing; and

(c) Inform the applicant of the decision that has been made within 14 days of making such decision.

4. Each party will be responsible for making day-to-day decisions concerning the care of the children when the children are living with them or spending time with them.

Live with

5. The children shall live with the respondent in Australia.

Time with

6. The children shall spend time with the applicant on a graduating basis as follows:

(a) For a period of 3 months following the making of these Orders in a two-week cycle as follows:

(i) Each Wednesday from the conclusion of school until 7.00pm with the applicant to provide the children dinner;

(ii) Each alternate weekend on Saturday and Sunday from 9.00am until 5.00pm;

(iii) Each alternate Friday from the conclusion of school until 7.00pm with the Applicant to provide the children dinner, and this Friday is to occur on the Friday of the fortnightly cycle that is not immediately before the children spend Saturday and Sunday with the applicant;

(iv) In the event any of this 3 month period takes place over a school holiday the time will remain the same however time on the Wednesday and Friday will be extended to commence at 9.00am on those school holiday days.

(b) For a further period of 6 months after the conclusion of the period set out at order 6(a) the children spend time with the applicant as follows:

(i) Each Wednesday from the conclusion of school (or if a non-school day then from 9.00am) until the commencement of school the following day (or 9.00am if not a school day);

(ii) Each alternate weekend from 9.00am on Saturday until 5.00pm on Sunday;

(iii) Each alternate Friday from the conclusion of school until 7.00pm with the Applicant to provide the children dinner, and this Friday is to occur on the Friday of the fortnightly cycle that is not immediately before the children spend the weekend with the applicant;

(iv) In the event any of this 6 month period takes place over a school holiday the time will remain the same however time on the Wednesday and Friday will be extended to commence at 9.00am on those school holiday days.

(c) On the conclusion of the period provided for in order 6(b) and continuing thereafter the children spend time with the applicant as follows:

(i) During school terms:

A. Each Wednesday from the conclusion of school (or if a non-school day then from 9.00am) until the commencement of school the following day (or 9.00am if not a school day);

B. Each alternate weekend from the conclusion of school on Friday (or if a non-school day then from 9.00am) until the commencement of school on Monday (or 9.00am if not a school day).

(ii) During shorter school holidays, noting the term time arrangements are to be paused over these periods;

A. For the first 3 shorter school holiday periods the children spend time with the applicant for a four night block in each school holiday period at times to be agreed and if not agreed then from the first Wednesday of the school holiday period at 9.00am until 5.00pm the following Sunday;

B. During the shorter school holiday periods that occur after the conclusion of the time set out in order 6(c)(ii)(A) and continuing thereafter for one period of seven nights in each of the shorter school holiday periods at times to be agreed and if not agreed then from 9.00am on the first Monday after the commencement of the school holiday period until 9.00am the following Monday;

(iii) During the Christmas school holiday periods, noting the term time arrangements are to be paused over these periods:

A. In 2024/2025 the children spend time with the applicant for three four-night block periods at times to be agreed but if not agreed then from 9.00am Wednesday to 5.00pm Sunday in weeks 2, 4 and 6 of the school holiday period;

B. In 2025/2026 and in each year thereafter the children spend block time with the each party for half of the school holidays at times to be agreed, and failing agreement with the respondent for the first half in even numbered years and for the second half in odd numbered years, and with the applicant in the second half of even numbered years and the first half of odd numbered years.

7. For the purposes of order 6(c)(iii)(B):

(a) All school holiday periods will be defined as commencing on the last day of the school term and concluding on the first day students are required to return to school the following term;

(b) The halfway point will be defined as 7.00pm on the last day of the first half if the school holiday period has an even number of nights, and 12.00pm on the middle day if the school holiday period has an odd number of nights; and

8. After the commencement of order 6(c)(iii)(B):

(a) The respondent is at liberty to make an election for the children to spend either the whole of the Term 1 or Term 2 holidays with her in any year, provided such an election is made in writing by no later than 1 February of that year AND in the event she makes such an election, the children will spend the whole of the Term 3 holidays with the applicant in the same year (ie. The year the election is made).

International travel

9. The respondent be permitted to take the children to the UK for two occasions in each calendar year at times to be agreed and if not agreed then:

(a) For a period of 21 nights which is to occur over the June/July school holiday period in Australia (the last week of term 2 in the event the school holiday period is less than 21 nights) provided that she elects to do so in writing and provides the applicant with such election in writing by not later than 1 February of the same year; and

(b) For a period of 21 nights in the Christmas school holiday period, provided that she elects to do so in writing and provides the applicant with such election in writing by not later than 1 July of the same year;

(i) In 2024, the respondent must elect to do so in writing and provide same to the respondent by not later than 1 September 2024, and this 21 night period will occur during the first three weeks of the school holiday period, and will include Christmas;

(ii) In 2025/2026 this 21 night period will occur during the last three weeks of the school holiday period;

(iii) Following the conclusion of order 9(b)(ii), the 21 night period is to take place during the first three weeks of the school holidays inclusive of Christmas every even numbered year thereafter, and during the last three weeks of the school holidays in every odd numbered year thereafter.

10. In respect of order 6(c)(iii)(A), in the event the respondent travels to the UK having elected to do so in accordance with order 9(b)(i) above, the applicant’s time with the children will be suspended but only in relation to those weeks where the children are overseas.

Interstate travel

11. That each of the Parties may travel with the Children interstate provided that:

(a) The travel occurs when the Children are living or spending time with that Party in accordance with these Orders, unless otherwise agreed in writing between the Parties;

(b) The Party intending to travel with the Children provides notice to the other Party prior to departure; and

(c) Prior to departure, the Party travelling with the Children is to provide the other Party with an itinerary of travel including the contact information and address of each place at which the Children will be staying, and confirmation that return flights to Sydney have been booked for both Children, including the airline, flight number and date and time of departure.

Communication orders

12. That each party encourage and facilitate telephone communication between the children and the other party whilst the children are in their care at all reasonable times and as requested by the children.

13. In the event that one party is travelling internationally with the children, the travelling party will facilitate telephone communication between the children and the non‑travelling party at all times as agreed, but no less than twice per week.

Special Occasions

14. If not already in the care of the respondent, the children shall spend time with the respondent on Mother’s day from 10.00am until 5.00pm unless otherwise agreed.

15. If not already in the care of the applicant, the children shall spend time with the applicant on Father’s day from 10.00am until 5.00pm unless otherwise agreed.

16. The children will spend time with each part at Christmas time, unless otherwise agreed, as follows:

(a) With the applicant in even years from 3.00pm on Christmas Eve until 12.00pm on Christmas day and in odd years from 12.00pm on Christmas Day until 3.00pm on Boxing Day;

(b) With the respondent in off years from 3.00pm on Christmas Even until 12.00pm on Christmas Day and in even years from 12.00pm on Christmas Day until 3.00pm on Boxing Day;

UNLESS the children are travelling overseas or interstate with either party, in which case that party will do all acts and things necessary to facilitate video communication between the children and the other party on Christmas Day.

Changeover

17. For the purposes of any changeover required by these orders it will occur as agreed, and otherwise where possible it occur at school and if not at school, the applicant will collect the children from the respondent’s residence at the commencement of his time and the respondent will collect the children from the applicant’s residence at the conclusion of time.

International travel

18. Except as otherwise provided for in these orders, for the purposes of section 65Y(1)(c)(ii), each party is at liberty to travel overseas with the children provided that:

(a) The travel occurs when the children are living or spending time with that party in accordance with these orders, unless otherwise agreed in writing between the parties;

(b) The party intending to travel with the children provides notice to the other party at least 6 weeks prior to the travel; and

(c) At least three weeks prior to departure, the party travelling with the children is to provide the other party with an itinerary of travel including the contact information and address of each place at which the children will be staying, and confirmation that return flights to Australia have been booked for both children, including the airline, flight number, and date and time of departure.

19. That any order placing the children's name on the Airport Watchlist shall stand discharged immediately upon the making of these Orders, so that the children's names are no longer on the Airport Watchlist and the parties shall do all acts and things and sign all documents necessary and as required by him or her to ensure that the children's name are removed from the Airport Watchlist.

20. The parties will each do all acts and things necessary and sign all documents to ensure that the children maintain both current Australian and United Kingdom passports at all times and will share the costs of doing so equally.

21. The respondent shall hold the children’s passports and deliver all of the passports to the applicant within 48 hours of a request by him provided that order 18 above has been complied with, or if they are required for identification purposes for the children by the applicant.

22. During any period when the children are travelling overseas with either party, the travelling party will facilitate telephone or video calls between the children and the other party at least two times per week on days and times as agreed.

Exchange of information

23. That each Party keep the other informed of their current residential address, mobile and landline telephone numbers and an available email address and advise the other Party of any change thereto within 7 days of such change.

24. That in the event either of the Children suffers a major illness or injury, or is hospitalised or involved in a medical emergency, the Party with care of the Children at the time will contact the other Party immediately, but if that is not practicable then within no later than 24 hours.

25. That each Party shall provide the other with the names, addresses and telephone number of all medical and treating professionals who treat the Children and each Party is authorised to:

(a) Receive copies of any test results, report, letters or referrals from the treating professional; and

(b) Discuss any aspect of the Children’s health, treatment or therapy with the treating professional.

26. Each Party must notify the other of any medication prescribed for the Children from time to time and provide the medication and appropriate instructions for its administration at the time of changeover to the other Party.

27. Each Party must notify the other of any diagnosed medical condition, allergy, or injury of the Children and any appropriate medical information on treatment or follow ups required at the time of changeover to the other Party.

28. That both Parties are authorised to:

(a) Liaise directly with the Children's school and sporting bodies to receive school notices, information, newsletters, school reports, school photographs and any other necessary information about the Children’s progress; and

(b) Attend all parent teacher interviews, school events and concerts and any other educational/sporting or extracurricular engagements to which parents are invited to attend.

29. That the Parties have leave to provide a copy of these orders to:

(a) The Children’s school;

(b) The Children’s treating medical practitioners from time to time, including allied health practitioners.

Parenting after separation course

30. The parties will each do all acts and things within 21 days of the date of these orders to enrol in a Parenting After Separation course.

31. The parties will each do all acts and things required to complete the Parenting After Separation course they enrolled into pursuant to order 30.

Non-denigration

32. Each party be restrained by injunction from making critical or derogatory remarks about the other party or members of their family in the presence or within the hearing of the children and must do all things necessary to ensure that no other person makes any critical or derogatory remarks about the other party or the other party’s family in the presence or within the hearing of the children.

Injunction

33. Both parties are restrained from calling the applicant any title other than “Daddy”, “Dad”, or “Father” when communicating with either of the children.

ICL Costs

34. The applicant is to pay the costs of the independent children’s lawyer as sought in the amount of $15,330.30.

ICL to explain

35. Within 7 days of the date of these orders, the parties will make arrangements for the children to meet with the independent children’s lawyer, for the purposes of explaining to the orders to them and the Court will, if possible, request that a Court Child Expert be available to meet with the children and the independent children’s lawyer to discuss the orders that were made.

36. Following compliance with order 35 above, the independent children’s lawyer shall be discharged.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

For the reasons that follow the children will live with the respondent in Australia and spend time with the applicant as set out in the orders.BACKGROUND AND LITIGATION HISTORY The applicant was born in 1962 and is currently 61 years old. The respondent was born in 1962 and is currently 61 years old. The parties commenced their relationship in 2003, and commenced cohabitation in 2009, in the respondent’s rental apartment in Suburb F. The respondent contends that separation occurred on 1 January 2015, and that the parties remained friends thereafter. The applicant contends that although they had a period of separation they recommenced their relationship in October 2015 until around July 2019. Between 2004 and 2010 the parties attempted multiple rounds of IVF in Australia. In 2011, the parties travelled to Country G and commenced IVF with the applicant’s genetic material and donor eggs. By way of this IVF, the respondent became pregnant. In 2011, the respondent miscarried. In 2012, the respondent was diagnosed with an illness. In 2012, she underwent two operations, and in 2013 she underwent other treatments. The respondent gave evidence that, at January 2015, there were five frozen embryos with the applicant’s genetic material remaining in Country G. In 2016, the respondent underwent IVF procedures in Country H using the applicant’s genetic material. Both parties agree that the applicant gave his consent for this procedure. No viable pregnancies resulted from these procedures. In 2017, the respondent underwent her last IVF procedure in Country H, using the respondent’s genetic material. In 2017, the respondent underwent two IVF procedures in Country J using donor eggs and donor sperm. By way of the second 2017 procedure, the respondent became pregnant with the children. The children were born in 2018 at K Hospital in Suburb L. In 2018, the children’s birth certificates were completed. The applicant’s name was placed on the birth certificates of each child. Between early 2019 and mid-2019, the applicant and respondent travelled to the United Kingdom together with the children. The respondent gives evidence that in mid-2019, she contacted M Family Services to arrange a mediation, but that the applicant did not respond. In late 2019, the respondent booked the children into a residential service to help families requiring intensive support as to the parenting of their children. The respondent submits that she did this as the children had not developed a consistent sleeping pattern. For a short period, the respondent and the children attended this service. In late 2019, the parties participated in a mediation through Legal Aid NSW. They did not reach an agreement. The respondent said she was issued a s 60I certificate on that date. In mid-2020, the respondent and the children attended an inpatient service for families experiencing significant parenting challenges. The applicant commenced proceedings on 14 July 2020 in what was then the Federal Circuit Court of Australia. By way of a Response to an Initiating Application filed 14 September 2020, the respondent sought different orders as to the parenting of the children, including orders permitting her relocation with the children to the UK. At that stage, there was an issue in the proceeding as to the applicant being the biological father of the children.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

The evidence set out above is not inconsistent with the unique scenario pleaded by the respondent, that the parties were friends and former partners who had a long standing history together, particularly in circumstances where the respondent has no family in Australia. The evidence demonstrates that the close family and friends of the parties did not know what the status of the parties’ relationship was, and at times the parties themselves both said inconsistent things about the status of their relationship. When pressed in cross-examination that the parties could have just been friends, the evidence of the applicant’s mother was “I really don’t know.” Conclusion as to de facto relationship On the state of the evidence before me, looking at the composite picture, the matter is very finely balanced. There are some factors indicative of a de facto relationship at the relevant time and others not indicative of a de facto relationship. Evidence such as the email from Ms R and the incident where the respondent slapped the applicant across the face at the pub in the presence of the other patrons are inconsistent with the parties merely being friends and ex‑partners as contended by the respondent. Evidence such as the admission from the applicant in writing that the parties were not, at that time, in a relationship is similar to the recording of the applicant agreeing that the respondent was not in a relationship with him. I give more weight to the independent evidence that is temporally close to the date of conception, including the email written by the applicant in early 2016 which states that he was not in a relationship at that time, the evidence of the minimal time he spent at Suburb F around the relevant time according to the respondent’s witnesses, and the report to Ms AA by the respondent that he was an ex-partner during the pregnancy. The onus of proof is on the applicant to satisfy me that the parties were in a de facto relationship at the date of conception in late 2017. In considering the indicia and again noting the immutable nature of relationships, I must feel a degree of persuasion on balance. The evidence, although balanced, of the composite picture, does not so persuade me. I cannot find on the balance of probabilities that the parties were in a de facto relationship at the time of the artificial conception procedure in late 2017. As such, the applicant’s claim of parentage pursuant to s 60H(1) fails. Given the finding that the parties were not in a de facto relationship at the time of the carrying out of the artificial conception procedure it is unnecessary to consider the second consideration of consent to the procedure under s 60H(1(b)(i).WHETHER THE APPLICANT IS A PARENT UNDER SS 69R AND 102 It is agreed that the applicant appears as the children’s father on each of their birth certificates registered in 2018, marked as Exhibit 53. Section 69R of the Act provides that If a person’s name is entered as a parent of a child in a register of births or parentage information kept under a law of the Commonwealth or State, the person is presumed to be a parent of the child.

Ratio Decidendi

Legal Principle Established

As set out in the applicant’s submissions s 69VA has no application in this case, as biological parentage is not an issue in these proceedings. The respondent sought a declaration that the respondent was the sole parent pursuant to s69VA. I decline to make the declaration sought because neither of the parties are biological parents. CONSIDERATION OF S 60H(1) The determination of whether or not the applicant is a parent of the children by reference to s 60H of the Act was in dispute. If I am satisfied that the parties were in a de facto relationship at the time that artificial conception procedure was carried out; and the parties consented to the carrying out of the procedure then the applicant is the "other intended parent". The legislation makes it clear that if those are my findings the applicant will be deemed the other intended parent notwithstanding neither parent is a biological parent of the children.Were the parties in a defacto relationship at the time the artificial conception procedure was carried out? The applicant bears the onus of proof of establishing the parties were in a de facto relationship at the relevant time. The existence or non-existence of any asserted circumstance is not determinative of this issue and no one finding of any fact is required to conclude that a relationship was a de facto relationship. A finding as to whether parties were in a de facto relationship the time of the artificial conception procedure does not involve the exercise of discretion, rather it is made on the findings of fact which form the basis for considering the composite picture of all the facts and circumstances. The indicia for making a finding of the existence of a de facto relationship is as set out in s 4AA of the Act:Meaning of de facto relationship(1) A person is in a de facto relationship with another person if:(a) the persons are not legally married to each other; and (b) the persons are not related by family (see subsection (6)); and (c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.Working out if persons have a relationship as a couple (2) Those circumstances may include any or all of the following:(a) the duration of the relationship;(b) the nature and extent of their common residence;(c) whether a sexual relationship exists;(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them;(e) the ownership, use and acquisition of their property;(f) the degree of mutual commitment to a shared life;(g) whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;(h) the care and support of children;(i) the reputation and public aspects of the relationship.(3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether the persons have a de facto relationship.(4) A court determining whether a de facto relationship exists is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.