Terrance John Wilson v Gaye Lynette Kierans [1982] FCA 279

Terrance John Wilson v Gaye Lynette Kierans [1982] FCA 279

The trial judge failed to give due weight to the importance and desirability in the ordinary case that a child be permitted to enjoy access to his or her natural father; therefore the exercise of discretion miscarried. A limited order for access is in the present welfare of the child.

Parties
Appellant: Terrence John Wilson; Respondent: Gaye Lynette Kierans
Jurisdiction
Australia
Judgment Date
08 April 1982
Procedural Posture
Appeal / Judgment and Final Orders
Outcome
appeal allowed
Legal Topics
Access to Child, Custody, Wardship, Welfare of the Child, Adoption
Family Law Access to Child Custody Wardship Welfare of the Child Adoption

Case Brief

Summary, issues, holding and outcome

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Parties

Terrence John Wilson

Appellant

Gaye Lynette Kierans

Respondent

Procedural Posture

Appeal / Judgment and Final Orders

Legal Issues

  1. 1 Whether the refusal of access to the natural father was justified under the Infants' Custody and Settlements Ordinance, 1956 (A.C.T.)
  2. 2 What factors are relevant to the discretion to grant access
  3. 3 What weight should be given to the welfare of the child and the desirability of contact with the natural parent

Ratio Decidendi

The trial judge failed to give due weight to the importance and desirability in the ordinary case that a child be permitted to enjoy access to his or her natural father; therefore the exercise of discretion miscarried. A limited order for access is in the present welfare of the child.

Court Disposition

appeal allowed

Orders

  • Order of the Supreme Court refusing the application for access set aside.
  • Terrence John Wilson is entitled to access to Brett Michael Kierans (formerly Brett Andrew Kierans) as specified on certain dates, at specified times and locations.