By Craig Nicol and Keleigh Robinson -
Key decisions
- Sofia & Treacy (No 2) [2025] FedCFamC1A 10
- Ming & Leong [2025] FedCFamC1A 3
- Zhuo & Ji (No 4) [2025] FedCFamC1F 22
- Zha & Wun [2025] FedCFamC1A 12
CHILDREN
No error in finding parties were not in a de facto relationship at time of artificial conception so applicant was not parent of the child – no error in later primary judge adopting finding
In Sofia & Treacy (No 2) [2025] FedCFamC1A 10 (5 February 2025), the Full Court (Austin, Harper and Strum JJ) dismissed an appeal with costs against orders of McGuire J for a five-year-old child (‘X’) to live with her biological mother, Ms Treacy, and spend no time with the applicant, Sofia.
X was born following an artificial conception procedure. The proceedings were bifurcated to firstly determine X’s parentage, with Carter J finding (in Sofia & Treacy [2022] FedCFamC1F 777) Ms Treacy and Sofia were not in a de facto relationship at the time of X’s conception so Sofia was not X’s parent pursuant to section 60H of the Family Law Act 1975 (Cth).