US: Lesbian entitled to see children

US: Lesbian entitled to see children

In a recent decision of the Montana Supreme Court in Kulstad v Maniaci, Ms Kulstad and Ms Maniaci had been together for about 10 years before they split up.

During the course of their relationship, Ms Maniaci had adopted two children. Ms Kulstad wanted to be involved in their care and to see them. Ms Maniaci sought that she not do so, asserting that as she was the only legal parent that Ms Kulstad had no right to be involved.

It appeared that the evidence was that despite Ms Maniaci’s efforts post-separation, the children were bonded well to Ms Kulstad. Ms Kulstad had not been able to adopt the children because Montana law prohibited same sex adoptions.

The court held that Ms Kulstad could continue to have contact with the children as she had performed the role of a de facto parent, and that she would be jointly responsible for parenting decisions for the children.

For more about the case, click here.

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

Breaching parenting orders: what you can do

When parenting orders are not being followed, it is understandable to feel frustrated, powerless and eager to take immediate action. A parent may miss time with their children, be denied communication, or find that arrangements which were meant to provide certainty are simply not working in practice. However, taking an ex-partner back to court is… Read More »Breaching parenting orders: what you can do

Sri Lanka surrogacy: what Australian intended parents must know

Sri Lanka is an often overlooked overseas surrogacy destination for Australians, particularly for people with a genuine connection to the country. It can offer comparatively low IVF and legal costs, prompt surrogate matching and a practical pathway to parentage recognition. However, it also comes with strict eligibility requirements and important Australian legal, citizenship and criminal… Read More »Sri Lanka surrogacy: what Australian intended parents must know

Overseas surrogacy births are 4 times that of domestic surrogacy births

When talking to colleagues, judges and policymakers, it is assumed that the norm of Australian surrogacy is that of domestic surrogacy births. However, as the most recent figures demonstrate, yet again, domestic surrogacy births are the exception. The norm remains that of Australian children being born through surrogacy overseas. That norm and the exception have… Read More »Overseas surrogacy births are 4 times that of domestic surrogacy births

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