Re: Addison (No. 3)

[2021] FamCA 232

FAMILY COURT OF AUSTRALIA

Re: Addison (No. 3) [2021] FamCA 232

File number(s):

File number has been suppressed

Judgment of:

HOWARD J

Date of judgment:

22 April 2021

Catchwords:

FAMILY LAW – MEDICAL PROCEDURES – Application for stage 2 treatment for gender dysphoria – where the mother has applied to proceed on an ex parte basis – where the father has not been named as a party to the proceedings – where there are allegations of family violence – application to proceed ex parte dismissed – where the Court ordered that the father be joined as a Respondent and further ordered that the father be served with the application

Legislation:

Family Law Act 1975 (Cth) ss 61C, 67ZC, 68LA

Family Law Rules 2004 (Cth) rr 1.12, 4.08, 7.04

Cases cited:

Re Shane (Gender Dysphoria) [2013] FamCA 864;

Re Jordan [2015] FamCA 175

Re Lucas [2016] FamCA 1129

Re Mackenzie [2016] FamCA 610

In the Marriage of Sieling (1979) 24 ALR 357

In the Marriage of Kennedy (1993) 17 Fam LR 324

Re Lucy (Gender Dysphoria) (2013) 49 Fam LR 540

Ansah v Ansah [1977] 2 All ER 638

International Finance Trust Co Ltd v New South Wales Crime Commission (2009) 240 CLR 319

Re Imogen(No. 6) (2020) 61 Fam LR 344

Number of paragraphs:

59

Date of last submission/s:

20 April 2021

Date of hearing:

20 April 2021

Representation:

The names of legal practitioners have been suppressed

ORDERS

THE MOTHER

Applicant

AND:

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	HOWARD J
DATE OF ORDER:	22 APRIL 2021

THE COURT ORDERS UNTIL FURTHER ORDER:

1.That the Application to dispense with Rule 4.08(2) of the Family Law Rules 2004 (Cth) is dismissed.

2.That the father be joined in these proceedings as the Respondent.

3.That the Application to proceed ex parte is dismissed.

4.That the Amended Initiating Application and the Affidavits of the mother (redacted in accordance with the Reasons for Judgment delivered 22 April 2021) be served on the father along with a written notice from the mother’s solicitors in accordance with the Reasons for Judgment delivered 22 April 2021.

5.That the Applicant mother and the Independent Children’s Lawyer provide to the Court draft further orders or directions consistent with the Reasons for Judgment and also provide to the Court a draft order in appropriate terms to protect the identity of the child, the mother, the child’s family and the State or Territory in which the child lives within two (2) business days.

IT IS NOTED:

A.That the provisions of section 121 of the Family Law Act 1975 apply and restrict the publication of these Reasons and Orders and any aspect of these proceedings

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to…