FAMILY COURT OF AUSTRALIA
| TALBOT & NORMAN | [2012] FamCA 96 |
| FAMILY LAW – CHILDREN – urgent Application for an injunction restraining the mother from terminating her pregnancy – whether the Court has jurisdiction – where mother gave evidence that she did not intend to terminate the pregnancy and there was thus no factual basis for the Application – whether the Court would, in any event, have jurisdiction to make the order sought – where parties are not married – where the Court has jurisdiction over ex-nuptial children in Queensland – whether a foetus is a “child” for the purposes of the Family Law Act 1975 – where no definition of “child” in the Act – whether the common law “born alive rule” prevails – where a foetus cannot be a child unless it is born alive. |
| Commonwealth Powers (Family Law – Children) Act 1990 (Qld) Family Law Act 1975 (Cth) |
| Attorney General (Queensland); (Ex rel Kerr) v T (1983) 46 ALR 275 Barrett v Coroner’s Court of South Australia [2010] SASCFC 70 Barrett v Coroner’s Court of South Australia [2011] HCATrans 166 In the Marriage of F (1989) FLC 92-031 K v T [1983] 1Qd R 396 In Minister for Immigration and Multicultural and Indigenous Affairs v B (2004) 219 CLR 365 PatonvThe British Pregnancy Advisory Service [1979] 1 QB 276 Re Iby (2005) 63 NSWLR 278 |
| APPLICANT: | Mr Talbot |
| RESPONDENT: | Ms Norman |
| FILE NUMBER: | BRC | 1568 | of | 2012 |
| DATE DELIVERED: | 24 February 2012 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Murphy J |
| HEARING DATE: | 24 February 2012 |
REPRESENTATION
| FOR THE APPLICANT: | In person |
| FOR THE RESPONDENT: | In person |
Orders
IT IS ORDERED THAT:
The Initiating Application filed by the father on 23 February 2012 be dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Talbot & Norman has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: BRC 1568 of 2012
| Mr Talbot |
Applicant
And
| Ms Norman |
Respondent
EX TEMPORE
REASONS FOR JUDGMENT
Late yesterday afternoon, an Initiating Application was filed by Mr Talbot. That Application sought relief on an urgent basis in the following terms:
1. Injunction – to stop [Ms Norman] aborting my child, as neither the baby or [Ms Norman] are unwell.
2. [Ms Norman] must not leave QLD whilst pregnant with my child.
3. All ultrasounds, blood tests or medical information regarding my baby to be sent to my via registered mail.
4. I am to be informed when [Ms Norman] is in labour and that I may attend the hospital when the baby is being born.
5. At the birth of our baby I am seeking full residency and sole responsibility of my child.
Those orders are contained in an Application drawn by a self-represented person. The orders as just quoted appear as final orders sought. The interim orders sought are expressed simply as:
1. Injunction order
2. Residency order.
I…
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- AGLC
- Talbot and Norman [2012] FamCA 96
- Case
- [2012] FamCA 96
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the father's initiating application should be dismissed.
Murphy J dismissed the father's application. No further details regarding the specific legal issues or the court's reasoning are provided in the supplied text.
Orders
Orders of the court
IT IS ORDERED THAT:
1. The Initiating Application filed by the father on 23 February 2012 be dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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