Purcell and Anor and Nelson and Anor

In the Federal Circuit Court of Australia, Judge Scarlett considered an application for interim parenting orders concerning two young children, aged three years and fourteen months. The applicants, a donor father and his same-sex partner, sought parenting orders. The respondents, the children's mothers, sought to restrict the donor father's role and prevent any time with his partner.

The court was required to determine the interim living arrangements for the children, the allocation of parental responsibility, and the extent of time the children would spend with the donor father. A key issue was the appropriate level of contact between the children and the donor father and his partner, given the mothers' concerns and the children's young ages. The court also considered the appointment of a family report writer to assist in assessing the children's welfare.

Judge Scarlett ordered that the children live with the mothers and that the mothers have equal shared parental responsibility. The donor father was granted limited, supervised time with the children, to occur on specific weekends with advance notice and in proximity to the mothers. The court also appointed a family report writer, Dr B, to investigate and report on various aspects of the children's welfare, including their relationships with all parties, the potential impact of changes in their circumstances, and the parties' capacity to meet their needs and communicate. The applicants were ordered to pay half of the estimated fees for the expert report.