Re F; Ex parte F [1986] HCA 41

High Court of Australia Gibbs C.J. Mason, Wilson, Brennan, Deane and Dawson JJ. Re F; Ex parte F [1986] HCA 41

ORDER Make absolute the order nisi for writs of prohibition and certiorari directed to the Honourable Adrian George Hingston Cook prohibiting him from proceeding further in Matter No. S.6574 of 1983 in the Family Court of Australia and quashing all current orders made by that Court relating to the custody of or access to the child Y.F. Order that the Attorney-General for the Commonwealth pay the prosecutrix' costs in this Court.

Cur. adv. vult.

The following written judgments were delivered:—

July 31 Gibbs C.J.

This is the return of an order nisi for a writ of prohibition (and so far as may be necessary a writ of certiorari) directed to Cook J., a judge of the Family Court. The prosecutrix, Mrs. F. ("the wife") was married to the second respondent, Mr. F. ("the husband"), on 18 January 1977. On 23 January 1984 Cook J., on an application made ex parte by the husband, ordered that until further order the husband should have the guardianship and custody of Y.F., a child born on 16 June 1982, and described in the order as the child of the marriage. On 11 December 1984 a consent order was made giving the wife limited access to the child. The marriage was dissolved by a decree nisi which became absolute on 9 February 1985.

On or about 26 July 1985 blood samples were taken from the husband, the wife and the child and a blood group investigation which was carried out showed that the husband cannot be the father of the child. The wife believes that one B.L., with whom she had commenced a relationship in August/September 1981, is the father. The husband (who was not represented before us) does not dispute the correctness of the result of the tests or that he is not the natural father of the child.