Triggs & Triggs 2015 FamCA 538

The biological father of a child aged 15 years had undergone hormone therapy to re-assign his gender to female (gender change).  The father applied to spend time with the child although the child was found to be completely estranged from the father and the child was strongly opposed to any form of interaction with the father (child’s views).

The judge found that both parents had fragile psychological health and the mother had been unable to resolve the child’s school attendance problems.  The judge found that the child’s emotional needs were more likely to be met by living with the respondent mother and his siblings (sibling relationships).  The judge found that forcing the child to recover his relationship with the applicant father may cause an even more permanent deterioration in their relation.

The judge ordered the child to live with the mother, and to spend time with the father only in accordance with the child’s expressed wishes.

 

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