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

How the family court decides parenting cases: the best interests test explained

When parents cannot agree about arrangements for their children, the central question for the Federal Circuit and Family Court of Australia is not what either parent wants. It is what arrangements are in the best interests of the child. This is the paramount consideration under the Family Law Act 1975. It applies whenever a judge… Read More »How the family court decides parenting cases: the best interests test explained

Surrogacy in Iran: a complex and risky journey

Surrogacy in Iran is not a mainstream pathway for Australians, and at present it carries obvious travel, legal and practical risks. Yet for a small group of Iranian-Australian families, it has been a pathway to parenthood that feels culturally familiar, has access to sophisticated IVF treatment, and can result in an Australian child returning home… Read More »Surrogacy in Iran: a complex and risky journey

Surrogacy in Nigeria: the legal risks for Australians

Surrogacy in Nigeria is becoming a consideration for some Australian intended parents, particularly Australians with Nigerian heritage who are looking to build their family in their country of origin. Nigeria is a large, diverse and increasingly visible destination for international surrogacy. However, it is also a destination that requires exceptional care. The central issue is… Read More »Surrogacy in Nigeria: the legal risks for Australians

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