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

ART Update from Australia: Stephen Page Presents at South African Family Law Conference

On 11–13 March 2026, Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented remotely at the prestigious 28th Annual MDT/UWC Global Family Law Conference in Cape Town, South Africa. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen delivered “ART Update from Australia”—a comprehensive overview of Australia’s evolving… Read More »ART Update from Australia: Stephen Page Presents at South African Family Law Conference

3 Countries You Should Never Use for Surrogacy

When intended parents consider international surrogacy, the legal and ethical landscape can be treacherous. One government has taken a blunt but pragmatic approach: rather than issuing a blanket prohibition on overseas commercial surrogacy, it has published a short list of specific countries where surrogacy arrangements will almost certainly jeopardise a child’s legal status. That list… Read More »3 Countries You Should Never Use for Surrogacy

Self-Represented Litigant in Family Court Australia: What You NEED to Know First

Representing yourself in the Federal Circuit and Family Court of Australia is increasingly common. Cost pressures, the perceived simplicity of some disputes and a desire to stay hands-on drive many people to act without a lawyer. That can work in certain circumstances, but there are important legal and practical limits to be aware of —… Read More »Self-Represented Litigant in Family Court Australia: What You NEED to Know First

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