Abortion - Injunction Sought By Baby's Father
Posted: 11th April 2012
Posted in: News
Posted by: Dean Evans, Partner
In a recent case decided in the Family Court of Australia at Brisbane, an order was made that an application made by a Father-to-be be dismissed.
The Father had applied to the Family Court for an injunction preventing a 16 year old Mother-to-be from having an abortion.
Famil Court Lacks Jurisdiction
The Family Court found that it lacked the jurisdiction and power to grant the order sought. The Family Court held that it does not have the power to make an order over a foetus. An order cannot be made unless the child is alive.
The Mother-to-be gave sworn evidence that she did not intend to end her pregnancy. The Family Court indicated that regardless of the Mother’s intentions, the Family Court did not have the power to prevent her from terminating her pregnancy.
Unborn Bay Not A Child Under The Act
The Family Court indicated that the unborn child was not considered a “child” under the Family Law Act and accordingly, the Family Court did not have the power to make the orders sought. The Family Court only has power to make an order once a child is born.
The Father’s application was dismissed.