Family Court case: when being gay or lesbian is irrelevant

Family Court case: when being gay or lesbian is irrelevant

In the last few days, my attention was drawn to a decision of the Family Court from last year, Wells and Roberts (No 2). This was a case concerning the care of children, and whether they should see their father in the UK. The father had not filed relevant documentation for the trial.

What struck me when I read the judgment was what it didn’t say. This is the relevant passage from the judgment:

The mother lives in Sydney with her partner, Ms M, who is 55 years of age. The
mother and Ms M have been in a relationship since late 2003. Ms M has three
sons, aged 28, 26, and 24; two of whom live in Australia.

That’s it. Nothing was said that the mother and Ms M were in a lesbian relationship. Nothing was said that was in any way critical of that relationship. Ms M only gained one further mention in the judgment, when she was described as the mother’s witness.

What was particularly striking about this passage was that there was no issue about the sexual orientation of the mother and her partner, and the focus of the case was where it should have been – what was in the best interests of the children, without being hung up on preconceptions and prejudice.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Known sperm donor: can they claim parental rights?

A known sperm donor can make the path to parenthood feel more personal and familiar. However, knowing the donor does not necessarily make the legal position straightforward. Can that donor later be recognised as a parent? The answer is maybe. Australian law distinguishes between different circumstances of conception, including donation through an IVF clinic, home… Read More »Known sperm donor: can they claim parental rights?

Is a sperm donor a legal parent in Australia?

A sperm donor is not necessarily a legal parent in Australia. Equally, describing a man as a “donor” does not automatically mean he cannot be one. The answer depends on how conception occurs and, particularly with a known donor, the understanding behind the arrangement and what happens after the child is born. That distinction matters… Read More »Is a sperm donor a legal parent in Australia?

Paid sperm donation in Australia: is it legal?

Sperm donors in Australia cannot be paid a fee for their donation. They can, however, be reimbursed for reasonable out-of-pocket expenses. That distinction is the starting point for understanding what is lawful and what could amount to a criminal offence. Australian sperm donation must be altruistic. A donor can help someone have a child without… Read More »Paid sperm donation in Australia: is it legal?

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board