Sofia & Treacy (No 2)

The case of Sofia & Treacy (No 2) before the Federal Circuit and Family Court of Australia (Division 1) involved Sofia, the applicant, and Ms Treacy, the respondent. Sofia sought a declaration of parentage for the child X, born in 2019, who was conceived via a sperm donor agreement executed by the parties in mid-2018. Sofia also sought time with the child and communication, despite a prior finding by Carter J that the parties were not in a de facto relationship as at October/November 2018 and that Sofia was not a parent of the child. The court was required to determine whether Sofia should be recognised as a parent, the implications of any changes in the child’s circumstances, and the capacity of the parties to provide for the child’s needs. The court further needed to assess the potential for ongoing conflict and its impact on the child, given the highly conflicted and distrustful relationship between the parties.

The court dismissed Sofia’s application for a declaration of parentage and orders for time with the child. The reasoning was grounded in the lack of any relationship between Sofia and the child since January 2020, the findings of Carter J, and the significant conflict between the parties. The court concluded that there was no manifest benefit to the child in continuing a relationship with Sofia, and any such relationship would likely result in detriment to the child’s emotional and psychological well-being. The court found that the parties had no commonality, no shared friends or acquaintances, and presented with different worldviews, compounded by their diagnosed personality disorders. The court also noted that the child had no memory of Sofia and that the child’s best interests were served by not establishing a relationship with Sofia. The court’s decision was influenced by the expert opinion of Dr CC and Ms C, who highlighted the potential for significant emotional harm and the risk of long-term conflict impacting the child’s mental health and future relationships.

The court made orders that the child X live with Ms Treacy and that she have sole parental responsibility for X. There were no orders for time with or communication between X and Sofia. The court emphasised that the orders were based on the best interests of the child, considering the likelihood of significant emotional harm and the practical difficulties and expenses associated with establishing a relationship with Sofia. The court also included particulars of the obligations created by the orders and the consequences of contravening them, as set out in the attached Fact Sheet. The application filed by Sofia on 18 July 2022 was dismissed, and all other extant applications, other than costs, were also dismissed. The form of the order was subject to entry in the Court’s records, and the Reasons for judgment could be subject to review or variation as permitted by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).