Aldridge v Keaton [2009] FamCAFC 229
Court: Family Court
Judges: Bryant CJ, Boland J and Crisford J
Facts: The key issue revolved around whether an individual lacking a biological connection to the child could be granted parenting orders. The parties had engaged in an intimate relationship, cohabitating shortly before the child’s birth, which was conceived through artificial means. The lower court ruled that, at the time of conception, the parties were not in a de facto relationship, denying the applicant’s request to be recognized as a parent and receive parenting orders. While the judge granted sole parental responsibility to the mother, an order was established for some time to be spent between the applicant and the child. The mother appealed the entire judgment, excluding the order for sole parental responsibility.
Reasoning: The appeal was dismissed. The lower court, recognizing the warm relationship between the child and the applicant, determined that it was in the child’s best interest to spend time with the applicant. When handling an application for parenting orders involving a non-biological party, a two-step approach is suggested: 1) establishing whether the applicant is a person concerned with the care, welfare, and development of the child, and if so, 2) determining the appropriate order in the best interest of the child. The lower court did not commit an error in its decision regarding parenting orders for the applicant.
To read the full judgement go to: http://www.austlii.edu.au/au/cases/cth/FamCAFC/2009/229.html