Packer v Irwin [2013] FCCA 658
Court: Federal Circuit Court
Judge: Turner J
Facts: Two children were born to lesbian mothers using a known sperm donor. Following the split of the lesbian couple, one mother moved in with a new partner, leading to a cessation of contact with her children. Subsequently, she initiated court proceedings seeking visitation rights. The biological father, closely connected with the girls, intervened due to his active involvement in their well-being. The court mandated that the girls reside with the other mother while spending time with the mother who had left, with the consent of the children. Additionally, both mothers were to be named on the birth certificate.
Reasoning: Although evidence suggested a fragile relationship between the children and Ms. Packer, the paramount consideration was the best interest of the children. Consistent with past Family Court decisions, a sperm donor not named on the birth certificate was not legally recognized as a parent. However, given the stronger connection between the children and their father compared to the non-biological mother, the court acknowledged the practicality of considering the children to have, in essence, three parents.
To read the full judgement go to: http://www.austlii.edu.au/au/cases/cth/FCCA/2013/658.html