Cases - family

Question 1

What did Re Evelyn (1998) [FamCA] cover?

Answer 1

the paramount consideration in the case was the best interest of the child instead of the legal parentage or the effect of the decision on the adults.

Couple Q sought leave to appeal to the High Court the decision of the Family Court, but it was to no avail. The High Court rejected the application, affirmed the decision of the Family Court and ordered that Evelyn is handed over to Mrs S.

Question 2

What did Masson v Parsons (2019) [HCA] cover?

Answer 2

The case Masson v Parsons (2019) [HCA] found that a sperm donor, who was also listed on the child’s birth certificate as the father and took an active role in raising the child, was considered a parent together with one of the child’s lesbian co-parents (the birth mother).​ It reaffirmed that being a sperm donor is not sufficient for a man to be considered a child’s parent.​