Divorce mediation act declared unconstitutional in case involving rugby player and former partner who wants to take their children to Australia
A law that doesn’t give unmarried parents the same access to the family advocate as married ones has been declared unconstitutional by the Constitutional Court.
The case arose from a 2020 dispute between a French-based rugby player and his former partner, whose names were redacted on court papers. After the couple separated the mother wanted to take their two children to Australia when she decided to emigrate there with her new husband. The rugby player opposed the move, prompting the mother to approach the high court.
CCL and the mother argued the distinction is arbitrary, and unmarried couples thus have to spend more money and time to get the same result married parents obtain easier. The rugby player did not strictly oppose the ruling but made argument to assist the court in seeing the matter from a different perspective.The act was enacted “when discrimination against unmarried parents and their children was ubiquitous”, Tshiqi wrote. “There was also no protection afforded to unmarried partners in any form of relationship.”
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