Teasdale & Rossell & Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

TEASDALE & ROSSELL & ANOR [2021] FCCA 58

Catchwords:
FAMILY LAW – Parenting – Application for Parentage Testing Orders pursuant to section 69W – Child does not have a relationship with the applicant – Child seven years of age – Child lives with second respondent and has only ever known him to be his father – Application dismissed.

Legislation:

Family Law Act 1975 (Cth), ss.60C, 60CA, 60CC, 69R, 69U, 69V, 69VA, 69W.

Cases cited:

G v H (1994) 181 CLR 387

In the Marriage of Lee and Tse (2005) Fam LR 167

Brianna & Brianna [2010] FamCAFC 97

Cousins & Harper [2007] FamCA 1135

Bernieres and Anor & Dhopal and Anor [2015] FamCA 736

Re D (Paternity) [2007] 2 FLR 26

Re H and A (Paternity: Blood Tests) [2002] 1 FLR 1145

Applicant: MR TEASDALE

First Respondent: MS ROSSELL

Second Respondent: MR CANEDO

File Number: BRC 12145 of 2018

Judgment of: Judge Lapthorn

Hearing date: 10 July 2020

Date of Last Submission: 31 July 2020

Delivered at: Brisbane

Delivered on: 27 January 2021

REPRESENTATION

Solicitors for the Applicant: Hofstee Lawyers

Solicitors for the First Respondent: Cornerstone Law Offices

Counsel for the Second Respondent: Mr Thomas

Solicitors for the Second Respondent: McNamara Law

ORDERS

1. That the Applicant’s application for parentage testing orders sought in the Amended Initiating Application filed 10 December 2019 be dismissed.

2. That Orders (2), (3), (4) and (5) of the Orders made 5 September 2019 be discharged.

IT IS NOTED that publication of this judgment under the pseudonym Teasdale & Rossell & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 12145 of 2018

MR TEASDALE

Applicant

And

MS ROSSELL

First Respondent

And

MR CANEDO

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. By way of an Initiating Application filed 18 October 2018 the applicant, Mr Teasdale sought parenting orders in relation to the child X who was born 2014.  His substantive application was to spend time with the child and for the mother, Ms Rossell, and he to share equally parental responsibility for the child.  He also sought orders for parentage testing.  Judge Middleton made orders for that testing on 5 September 2019.  The testing had not taken place when the matter was next before the court and orders were made for the applicant to file an Amended Initiating Application which he did on 10 December 2019. When the matter came before the court again on 6 March 2020 leave was granted for the second respondent, Mr Canedo, to intervene in these proceedings.  The second respondent is named as the father of X on his birth certificate and is the person with whom the child lives.  On 21 May 2020, I suspended the previous orders for the parentage testing to enable all the parties to argue whether the orders should be made.

2. The applicant has pressed his application which is opposed by both the mother and the second respondent.  It was submitted…