Sofia & Treacy (No 2)

Sofia appeals against orders of the Federal Circuit and Family Court of Australia, which dismissed her application for parenting orders in relation to a child born in 2019, following a finding that she was not the child's parent, and that it was not in the child's best interests for her to have any contact with him. The child was conceived by artificial conception, and the respondent was the only genetic parent. The appellant's appeal is predicated on the contention that the earlier primary judge erred in concluding that the parties were not in a de facto relationship at the time of the child’s conception, and thus that the appellant was not a parent of the child. The appeal raises a number of other grounds, including that the later primary judge misapplied the relevant statutory provisions, and failed to give appropriate weight to evidence in support of the appellant's application.

The appeal court found that the earlier primary judge's finding that the parties were not in a de facto relationship at the time of conception was not open to question. The appeal court also found that the later primary judge had given appropriate weight to all relevant evidence, and had applied the correct legal principles in concluding that it was not in the child's best interests to have any contact with the appellant. The appeal court found that the appellant's arguments were entirely misconceived, and that the appeal should be dismissed.

The appeal court found that the earlier primary judge had correctly determined that the parties were not in a de facto relationship at the time of conception, and that the appellant was not a parent of the child. The appeal court found that the later primary judge had applied the correct legal principles in dismissing the appellant's application for parenting orders, and had given appropriate weight to all relevant evidence. The appeal court found that the appellant's arguments were entirely misconceived, and that the appeal should be dismissed.

The appeal was dismissed, with no orders as to costs.