Connors v Taylor [2012] FamCA 207
Court: Family Court
Judge: Watts J
Facts: A committed lesbian couple of 11.5 years planned and built a family together, each woman giving birth to a child about 13 months apart. The respondent initiated a relationship with another woman, leading to the termination of the relationship with the applicant. Seeking a parenting arrangement, the Court aimed to maximize the children’s time together, protect them from psychological harm due to separation from their primary parent, and minimize the frequency of changeovers.
Reasoning: In line with the amendments to Section 60H(1)(c) of the Family Law Act 1975 (Cth) and Faulks DCJ’s rationale in Maurice v Barry, each child in this case is considered the child of their respective non-biological co-mother, and each co-mother is acknowledged as that child’s parent. Section 60CA of the Family Law Act 1975 emphasizes that the best interests of the child are the paramount consideration when making parenting orders. Evaluating sibling relationships, connections between each child and the parents (including allegations of favoritism towards the eldest child by the respondent), the court, if the interpretation that each woman is a parent is accurate, granted shared parental responsibility for each child. Therefore, considering the circumstances and the child’s best interest, the court could allocate equal parenting time to each parent.
To read the full judgement go to: http://www.austlii.edu.au/au/cases/cth/FamCA/2012/207.html