NSW calls for lesbian child support

NSW calls for lesbian child support

New South Wales Attorney-General John Hatzistergos has called for the Family Law Act to be amended by the Commonwealth to allow for child support to be payable by lesbian co-parents to their former partners.

Commonwealth Attorney-General Robert McClelland is considering the move.

Currently both lesbian and gay co-parents are not recognised under the Family Law Act or the Child Support (Assessment) Act. The only way for a gay or lesbian co-parent to obtain child support is to sue in the State courts, relying on equitable estoppel: “We said that we were going to have a child, and you have to pay”. This follows a New South Wales case, W v G (1996) where a lesbian couple split up, after having two planned children, the court ordering the co-parent to pay about $150,000 towards their upkeep.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART

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