Same-sex separation: property & parenting disputes

Ben and Heather discuss same-sex separation together with clinical psychologist Dr. Catherine Boland.  The founder of Relationspace, a team of skilled professionals helping people going through divorce to better manage their circumstances and protect the psychological health of their children, Catherine is ideally placed to provide insights into the social science side of separation.  While Heather answers the more technically legal questions.The team cover the following topics and questions:At what point does a same-sex relationship become recognised as a de facto relationshipDoes the Family Law Act treat same-sex couples any differently than heterosexual couples when it comes to property settlement disputes?How does the law treat a non-biological parent when a same sex family separate?Does biology create emotional/psychological barriers to reaching parenting agreements between same sex couples?When it comes to the fundamentals of "in the best interest of the child" does the Court view same-sex couples any differently than heterosexual families when making parenting decisions?What if a lesbian couple has a sperm donor who has been involved in the life of the child? Does the sperm donor have parenting rights post-separation?If a same-sex family includes children from a previous heterosexual relationship, does the step-parent have parenting rights?Episode note (important): This episode was recorded before changes to Australia’s family law parenting provisions commenced on 6 May 2024. The way the Court approaches “best interests of the child” and related parenting concepts has been updated since this recording, so some legal references in this episode may now be out of date. Please seek current legal advice and refer to the Federal Circuit and Family Court of Australia and Attorney-General’s Department resources for the latest information.