Hodak v Newman and Hodak: 1993

(Family Court of Australia) Lindenburgh J said: ‘I am of the opinion that the fact of parenthood is to be regarded as an important and significant factor in considering which proposals better advance the welfare of the child. Such fact does not, however, establish a presumption in favour of the natural parent, nor generate a preferential position in favour of the natural parent from which the Court commences its decision-making process . . Each case should be determined upon an examination of its own merits and of the individuals there involved.’


Lindenmayer J


(1993) 17 Fam LR 1, [1993] FamCA 83, (1993) FLC 92-421



Cited by:

ApprovedRice v Miller 10-Sep-1993
(Family Court of Australia) Whilst there is a legislative presumption regarding equal shared parental responsibility between parents there is no presumption in favour of parents (jointly or severally) as regards the placement of children nor a . .
ApprovedRe Evelyn CA 1998
. .
CitedIn Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Lists of cited by and citing cases may be incomplete.

Children, Commonwealth

Updated: 17 May 2022; Ref: scu.244487