Pappas and Anor and Ugapathai

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
Ellison and Anor & Karnchanit [2012] FamCA 602
Fisher-Oakley & Kittur [2014] FamCA 123
Mankiewicz & Anor & Swallow & Anor [2016] FamCAFC 153
Mason & Mason and Anor [2013] FamCA 424

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

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.

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

1. The applicants seek orders for equal shared parental responsibility for the two year old…