It is now twenty years since I acted for my first LGBTI family law client. While it remains a legitimate concern as to whether a client might be stuck with a homophobic judge, the chances of that happening now are much, much lower, and the risks of a child being removed from a parent merely because they are gay or lesbian are close to being non-existent. Unfortunately this wasn’t the case twenty years ago. Society has moved on. Then the first concern was: “Will my children be removed from me because I’m gay/lesbian?” At that stage the Family Court was moving from the old view that being gay or lesbian was of itself placing the child at risk, to the new view that being gay or lesbian did not place the child at risk, and the usual considerations of best interests of the child should prevail.

Research started to be published which showed that kids raised in gay and lesbian households were not more likely to be gay or lesbian than other kids, and nor were they more or less likely to be subject to abuse or neglect.

Now much more time is devoted to disputes between gays and lesbians, for example gay and lesbian couples who split up, or disputes between lesbian couples and known donors.

We still struggle in society with how to afford basic equality for all, and ensure that the most disadvantaged, for example, trans people, are able to be provided with dignity and be able to be listened to.

After 20 years, I remain an optimist. Change has happened, and will step by step, by struggle if needed. We will get to the sunlight uplands of freedom!

Stephen Page is a partner of Harrington Family Lawyers, and an accredited family law specialist. He is author of the Australian Gay and Lesbian Law Blog http://lgbtlawblog.blogspot.com.au