PARENTING DISPUTE INVOLVING LESBIAN COUPLES – HOW DOES A COURT DECIDE

Date: Jun 11, 2011
Document Type: Article

It has become increasingly common for same sex couples to have children and start their own family, and there now appear to be more contested parenting cases involving lesbian couples who have separated. Some parenting cases involving lesbian couples have their own unique issues. These include, in some cases, allegations that the non-biological mother is not a “real” parent. Or in cases where both women have shared parenting duties, who is the primary attachment figure?

Every parenting case is decided on its own particular facts. There is no special rule which applies to parenting cases involving lesbian parents. An assessment has to be made by the court as to all of the relevant factors under section 60CC of the Family Law Act. Findings of fact need to be made, and then in the discretion of the court, the weight to be given to each factor is assessed.

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service.  Dominic will refer you to an Accredited Specialist Family Lawyer.

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