Cases published March 2016

[vc_row][vc_column][vc_column_text letter_spacing=””]Family Court of Australia Full Court
Ghazel & Ghazel and Anor [2016] FamCAFC 31 (4 March 2016)
Family law – appeal – where the husband and wife were married in Iran under Iranian law which
permits a husband to take three additional wives – where the wife sought a declaration that the
marriage is recognised as valid in Australia under Part VA of the Marriage Act 1961 (Cth) – where such
a declaration was refused by the primary judge on the basis that amendments made to the Marriage
Act in 2004 prevent the recognition in Australia of a potentially polygamous marriage – where the wife
appealed the primary judge’s decision – where at the invitation of the Full Court the Attorney‐General
intervened to argue that the Marriage Amendment Act 2004 (Cth) did not prevent the recognition of
potentially polygamous marriages in Australia – appeal upheld – orders set aside – declaration of
validity made – no order for costs – costs certificates made.

Family Court of Australia

Eliot & Dent and Anor [2016] FamCA 128 (3 March 2016)
Parenting – with whom the children live – with whom the children spend time – parental
responsibility – where the Department of Family and Community Services has intervened – issues of
drug use and mental health of the parents – where the children are currently in care – non‐parent
party – need to protect the children from harm – orders made for the Department to hold parental
responsibility.

Cullen & Cullen [2016] FamCA 110 (1 March 2016)
Parenting – parenting orders – best interests of the child – whether an order of equal shared parental
responsibility is suitable in relation to one of the two children – where one of the two children has
autism – where parents disagree in relation to strategies for dealing with the autistic child’s special
needs – where expert evidence shows the autistic child as having a significant degree of impaired
intellectual function – whether the parents ought to have equal shared parental responsibility –
whether the mother ought to have sole parental responsibility with respect to matters concerning the
autistic child’s health and education – whether the mother must consider the father’s view and inform
the father of the decisions made with respect to the autistic child’s health and education.

Re: Logan [2016] FamCA 87 (19 February 2016)
Parenting– medical procedures – where the applicants, who are the parents of the child, seek a
declaration that the child is competent to consent to the administration of stage 2 treatment for
gender dysphoria – where alternative orders are sought to authorise the parents to consent to the
treatment – where orders are sought to maintain the confidentiality of the proceedings – where an
order is made dispensing with the rule requiring service upon the respondent, the relevant child
welfare authority – where a finding is made that the child is Gillick competent to consent to the
medical treatment – where the applications are otherwise dismissed – where orders relating to
confidentiality are made.[/vc_column_text][/vc_column][/vc_row]