VAN & NORD

In the matter of *Van & Nord*, heard before Judge Harman, the applicant, Ms Van, sought declarations regarding the existence of a de facto relationship and final parenting orders concerning the parties' child, X. The respondent, Mr Nord, opposed the declaration of a de facto relationship. The parties presented conflicting accounts of their relationship, with the court noting significant inconsistencies and implausibility in Mr Nord's evidence, raising issues of credibility. A key factual dispute concerned whether the parties lived in a de facto relationship, particularly given Mr Nord was married throughout the period in question.

The court was required to determine whether Ms Van and Mr Nord had lived in a de facto relationship for the purposes of the *Family Law Act 1975*, specifically under section 90RD. Additionally, the court needed to make final orders regarding the child X, considering the best interests of the child and the respondent's stated lack of desire for a meaningful relationship. The court also had to address the registration of paternity for the child.

Judge Harman found that Ms Van and Mr Nord had lived in a de facto relationship from 2009 until March 2014, based on the evidence presented and the assessment of credibility. The court declared the existence of this de facto relationship. In relation to parenting, the court ordered that the child, X, shall live with his mother, Ms Van. The court also mandated that Mr Nord take all necessary steps to have his details recorded on X's birth registration and any subsequent birth certificate. Furthermore, Mr Nord was ordered to pay Ms Van's costs of the proceedings, fixed at $30,000, by a specified date. The court also made orders for the exchange of financial documents pending further directions.