FAMILY COURT OF AUSTRALIA
| PAPPAS AND ANOR & UGAPATHAI | [2017] FamCA 1090 |
FAMILY LAW – CHILDREN – Commercial surrogacy – hearing in the absence of the respondent – service attempted unsuccessfully on the respondent – best interests of the child – where the applicants seek orders for equal shared parental responsibility – where the applicants seek orders that the child live with them – order made for the applicants to have equal shared parental responsibility for the child – order made for the child to live with the applicants.
Family Law Act 1975 (Cth) ss 60CC, 60CA, 61B, 64B(2)(i), 65C(c), 69ZN(7)
| Bernieres and Anor & Dhopal and Anor [2017] FamCAFC 180 |
| 1st APPLICANT: | Mr Pappas |
| 2nd APPLICANT: | Ms Pappas |
| RESPONDENT: | Ms Ugapathai |
| FILE NUMBER: | MLC | 819 | of | 2016 |
| DATE DELIVERED: | 21 December 2017 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Thornton J |
| HEARING DATE: | 5 December 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANTS: | Mr L |
| SOLICITOR FOR THE APPLICANTS: | Anderson Family Lawyers |
| THE RESPONDENT: | No Appearance |
Orders
That the applicants have equal shared parental responsibility for the child B born … 2015 (“the child”);
That the child live with the applicants.
The applicants’ solicitors, Anderson Family Lawyers serve upon the respondent by sending by registered post:
(a) a sealed copy of these orders;
(b) a certified Country M translation of these orders;
(c) a covering letter explaining these orders; and
(d) a certified Country M translation of the covering letter:
to the respondent’s addresses of C Street, Provence D, Country M and E Street, Provence F, Country M.
Pursuant to s 65DA(2) and s 62B, 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.
All extant applications be otherwise dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Pappas and Anor & Ugapathai has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 819 of 2016
| Mr Pappas and Ms Pappas |
Applicants
And
| Ms Ugapathai |
Respondent
REASONS FOR JUDGMENT
introduction
The applicants seek orders for equal shared parental responsibility for the two year old…
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- Case
- [2017] FamCA 1090
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate orders regarding equal shared parental responsibility for the child, and where the child should live. The court also had to consider the method of service of these orders upon the respondent, who resided in Country M.
Thornton J made orders for equal shared parental responsibility for the child B, and that the child live with the applicants. The court further ordered that the applicants' solicitors serve sealed copies of the orders, along with a covering letter explaining them, and certified translations of both documents into Country M language, via registered post to the respondent's addresses in Country M. Additionally, the court incorporated a Fact Sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation. All other extant applications were dismissed.
Orders
Orders of the court
1.
That the applicants have equal shared parental responsibility for the child B born … 2015 (“the child”);
2.
That the child live with the applicants.
3.
The applicants’ solicitors, Anderson Family Lawyers serve upon the respondent by sending by registered post:
(a) a sealed copy of these orders;
(b) a certified Country M translation of these orders;
(c) a covering letter explaining these orders; and
(d) a certified Country M translation of the covering letter:
to the respondent’s addresses of C Street, Provence D, Country M and E Street, Provence F, Country M.
4.
Pursuant to s 65DA(2) and s 62B, 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.
5.
All extant applications be otherwise dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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