OVERTON & DYSON

In the matter of *Overton & Dyson*, Cleary J of the Family Court of Australia considered parenting orders concerning two children born via surrogacy. The dispute involved the children's residence, time with each parent, and parental responsibility, against a backdrop of complex family dynamics, including conflict between the maternal and paternal families, and a history of police involvement and apprehended domestic violence orders concerning the mother. The children were born through a commercial surrogacy agreement overseas, with the father providing the genetic material, and were issued Australian passports and citizenship at birth.

The court was required to determine the children's living arrangements, the extent of time they would spend with each parent, and the nature of their parental responsibility. Key issues included the presumption of equal shared parental responsibility, the best interests of the children, and specific orders relating to the children's contact with their egg donor and gestational surrogate, as well as international travel arrangements. The court also had to address a restraint order preventing the mother from bringing the children into contact with a former partner.

Cleary J applied the paramount consideration of the best interests of the children. The court acknowledged both parties as committed and loving parents who had demonstrated an ability to co-parent post-separation, despite a history of family violence reports and an apprehended domestic violence order. The mother's fears were found to relate to the father removing the children rather than fear of him personally, and she acknowledged no physical violence in the relationship. The court declared the father to be a parent under s 69VA of the *Family Law Act 1975*, maintained equal shared parental responsibility, and ordered that the children live with the mother.

The court made detailed orders regarding the children's time with the father, which incrementally increased as the children aged, including specific arrangements for school holidays and special occasions. Further orders included provisions for the exchange of information between parents, restraints on discussing surrogacy details with the children or contacting the donor and surrogate, and a requirement for family therapy to address conversations about their birth. The children were to be removed from the Australian Federal Police Airport Watch List, and specific conditions were set for international travel during school holidays.