Australia's leading child protection advocate has blasted the WA Family Court for risking the safety of baby Gammy's twin sister by ruling she must live with her paedophile surrogate father David Farnell and his wife Wendy.
Chief Judge Stephen Thackray ruled two-year-old Pipah could not return to Thailand to live with twin brother Gammy under the care of their birth mother and her husband, despite the risks associated with Mr Farnell, 58, who has a history of sexual offences against young girls.
Justice Thackray ordered Pipah continue to live with her Bunbury parents, subject to strict conditions including regular visits by Department of Child Protection officers and a 'safety network' of family members and friends to protect her.
"Due to the risk of grooming, which may take place from a very young age, Pipah is assessed as not safe alone in the company of Mr Farnell," Justice Thackray said.
"Due to Mr Farnell's history of sexual offending, there is a significant risk of sexual harm to Pipah and children, in particular girls, who spend time with Mr Farnell in the future."
His controversial decision appalled Bravehearts founder Hetty Johnson, who represents victims of child abuse and claimed the Family Court had created a massive problem by taking too long to rule on the case and then not applying common sense on the matter.
"I can't find the words for it... I'm full of fear and trepidation for this child," she told Radio 6PR Mornings host Gary Adshead.
"This is a man who is a registered, convicted, child sex offender, who the court itself recognises is not safe to be left alone with this child.
"Yet they allow this child to live with this man, who is surrounded by people who believe him ... and trust him, so they're not going to be able to protect this child either.
"The court delayed what was a logical, common sense decision for so long now that this child has had some relationships with the people she is now living with."
Pipah's birth mother, Pattaramon Chanbua, 22, applied to the court in April 2015 to raise Pipah after learning Mr Farnell was a convicted paedophile who had served time in jail for molesting young girls in the 1990s.
She was born in Thailand in December 2013 by commercial surrogacy using Mr Farnell's sperm and an unidentified woman's egg after several failed attempts by the Farnells to conceive using IVF.
But Ms Johnston said it was inconceivable the court would allow a child to live with a convicted sex offender and said the surrogacy arrangement was flawed from the beginning and would never be approved in Australia.
"There's no way he (Farnell) could've had a child here (in Australia) as a surrogate, or under one of the programs, because he's a convicted sex offender, it wouldn't happen.
"So he went overseas and bought a baby, he bought two, and he's pleading that he left the other one there.
"I've been dealing with child sex offenders and their fanciful lives and I can tell you one thing, they're very good liars, otherwise they wouldn't be able to get away with what they do."
She also argued that Pipah's safety could only be guaranteed if she lived with her birth mother and twin Gammy overseas.
"You do not let a child, if you can avoid it, live with a registered sex offender," she said.
"You just don't do that."
"Where she should be is at home, with her little brother in Thailand."
'Safety program' to try protect Pipah
The Family Court also ordered DCP officers to visit the Farnell home at least three times a year by appointment and make additional unannounced visits. The Farnells must also comply with a "safety plan" developed for Pipah due to the risk of Mr Farnell grooming her.
The risk of sexual harm to Pipah was enhanced by Mrs Farnell's inability to shield her from grooming tactics Mr Farnell might employ at home.
This meant Pipah could never be left alone with Mr Farnell, or even Mr Farnell in the company of Mrs Farnell, with the court order insisting a member of the "safety network" be present.
Mrs Farnell told the court she would be happy to leave Pipah alone with Mr Farnell when she turned six - about the age of Mr Farnell's other victims.
"Due to the incalculable level of Mrs Farnell's ability to protect Pipah from grooming behaviours, Mrs Farnell is not to be the person who supervised contact between Mr Farnell and Pipah," Justice Thackray ruled.
DCP would also have to ensure the safety network used a 'Words and Pictures' method to try help Pipah understand why she can't be left alone with her father.
But Ms Johnston said the method was useless in this case because the 'safety network' were people who cared about Mr Farnell, not Pipah.
"A storybook is not going to change anything for this child," Ms Johnston said.
"She has to live with this man... it is quite probable she would never disclose (abuse), because she would be too fearful of being outed from the family network.
"She would risk a great deal by speaking out and the people that are surrounding Mr Farnell are people that trust him, and care about him and will protect him, even against her."
According to her Mr Farnell could not be trusted and, if was was truly repentant, should do everything he could to not re-offend.
"It is in his best interests ... to make sure he is not in the company of young children. It's like an alcoholic would not get a job in a pub," Ms Johnston said.
"We've got the word of a convicted child sex offender, I don't know how much value you can place on that, but on my money, not much."
Risk of re-offending unknown
The Family Court also ordered DCP undertake further psychological assessments of Mr Farnell to learn more about his risks of re-offending.
"Mr Farnell will undertake further psychological assessment to understand more about his risk of reoffending, and interventions which may lower that risk," Justice Thackray said.
"Mrs Farnell will undertake parenting capacity assessments to establish her ability to protect Pipah from sexual harm, and to establish interventions to improve this."
The court believed a bond between Pipah and her twin Gammy could be formed by the Farnells sending artwork drawn by Pipah to her birth mother and twin Gammy at least three times a year once she starts school.
But Justice Thackray decided against ruling regular electronic communication between Pipah and Gammy and Mrs Chanuba, leaving that decision to both families.
Neither parents have seen the other twin since the Farnells fled Thailand with Pipah in February 2014.
The twins sparked a media frenzy when it was initially reported the Farnells abandoned Gammy in Thailand after learning he had down syndrome.
Pipah and Gammy were born prematurely on December 23, 2013 with serious medical complications, with Mrs Chanuba forming a bond with them during her pregnancy, prompting her desire to keep one.
But the Farnells fled Bangkok with Pipah when it became apparent Mrs Chanuba planned to involve police to try keep both twins after she learnt of Mr Farnell's paedophilia past.
The Farnells also lied in an affidavit to the Family Court, which claimed Mrs Farnell's eggs - not a donor - had led to the twins' conception, and that baby Gammy had died after birth.
They told their family back in WA the same lies.
The twins' case was so disturbing and unfortunate that commercial surrogacy was later banned in Thailand.
The WA Family Court cleared Mr Farnell and his wife Wendy of allegations they abandoned Gammy in Thailand and tried to access a trust fund set up for his future care.
