Vong and Peng

[2017] FCCA 2589

FEDERAL CIRCUIT COURT OF AUSTRALIA

VONG & PENG [2017] FCCA 2589

Catchwords:
FAMILY LAW – Declaration of parentage.

Legislation:

Family Law Act 1975, ss.69R, 69VA

Applicant: MS VONG

Respondent: MR PENG

File Number: MLC 5928 of 2017

Judgment of: Judge McNab

Hearing date: 18 October 2017

Date of Last Submission: 18 October 2017

Delivered at: Melbourne

Delivered on: 18 October 2017

REPRESENTATION

Solicitors for the Applicant: Ms Vezzosi, Intouch Legal Centre

No appearance by or on behalf of the Respondent:

ORDERS

1. The Applicant Mother have sole parental responsibility for the children of the marriage X, born (omitted) 2012, and Y, born (omitted) 2015, collectively referred to as “the children”.

2. The children live with the Applicant Mother.

3. Pursuant to section 69VA of the Family Law Act 1975, the Court declares MR PENG born (omitted) 1991 is the father of the children X, born (omitted) 2012, and Y, born (omitted) 2015 for the purposes of all laws of the Commonwealth.

4. The Applicant Mother be at liberty to provide a copy of these orders to the Department of Immigration and Border Protection.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 5928 of 2017

MS VONG

Applicant

And

MR PENG

Respondent

REASONS FOR JUDGMENT

1. Having read the affidavit of the Applicant mother sworn 15 June 2017, I am persuaded that the Respondent, Mr Peng, is the father of the children X, born (omitted) 2012, and Y, born (omitted) 2015. In particular, I have had regard to the fact that his name was on the birth certificates of both children and there is a presumption pursuant to s.69R of the Family Law Act 1975 (Cth) arising from that in relation to parentage.

2. I have also had regard to the fact that:

   a)the Respondent was in a de facto relationship with the Applicant when the first child was born;

   b)he attended the birth of that child;

   c)he was married when the second child was born and attended the birth of that child; and

   d)has otherwise conducted himself as the father in making an application for permanent residency on behalf of the mother and in signing passport application for the children X and Y in 2013 and 2015 respectively. 

3. In those circumstances, I make the orders as set out above.

4. I also find that the Respondent is aware of these proceedings having regard to the affidavit of Ms Vezzosi sworn 18 October 2017 and has taken no part in them. He has not given evidence to negate the clear evidence of the mother or to undermine the presumption of parentage as a result of his name appearing on both of the children’s birth certificates or to otherwise challenge the evidence of paternity presented by the Applicant.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge McNab

Date: 25 October 2017