Transgender Children and Parenting Cases in Australia: Understanding the Law and Parental Rights

Introduction

Parenting disputes involving transgender or gender-diverse children are some of the most sensitive and complex matters in Australian family law. These cases often raise questions about parental responsibility, medical decision-making, and the child’s best interests.

At Kennon Lawyers, our family law team in Melbourne understands the emotional and legal challenges that can arise when parents disagree about how best to support a child exploring their gender identity. We are here to help families navigate these difficult issues with compassion, clarity, and respect.

The Legal Framework

The Family Law Act 1975 (Cth) governs parenting matters in Australia. The central principle is always the best interests of the child. When dealing with cases involving transgender or gender-diverse children, courts must consider:

• The child’s views and wishes (depending on their maturity and understanding)

• The need to protect the child from harm

• Each parent’s ability to meet the child’s emotional and psychological needs

• Expert medical and psychological evidence

The courts no longer automatically require judicial approval for all stages of gender-affirming medical treatment. However, legal intervention may still be needed when:

• Parents disagree about consent for treatment, or

• There is a dispute between parents and medical professionals.

Key Developments in the Law

In previous cases, such as Re Kelvin (2017) and Re Imogen (2020), the Family Court of Australia clarified when the Court’s authorisation is necessary for gender-affirming treatment.

• Re Kelvin: The Court ruled that if there is no dispute between the child, parents, and doctors, Stage 2 treatment (hormone therapy) no longer requires court approval.

• Re Imogen: The Court later confirmed that if any disagreement exists—between parents, the child, or medical practitioners—the matter must be brought before the Court for determination.

  
  

These cases highlight how the Family Court seeks to balance the child’s autonomy, parental involvement, and medical safety.

Parenting Orders and Decision-Making

In disputes involving a transgender or gender-diverse child, the Court can make parenting orders about who holds parental responsibility for medical decisions. This may include:

• Granting sole parental responsibility to one parent for healthcare or education decisions; or

• Requiring both parents to make decisions jointly, guided by medical advice.

Ultimately, the Court’s focus remains on what outcome best supports the child’s welfare, safety, and identity development.

How Kennon Lawyers Can Help

At Kennon Lawyers, we understand that parenting cases involving transgender or gender-diverse children require sensitivity, discretion, and a thorough understanding of the evolving legal landscape.

Our experienced family lawyers in Melbourne can assist you with:

• Parenting disputes involving gender-affirming care or identity support

• Applications for parental responsibility orders under the Family Law Act

• Negotiating parenting arrangements through mediation or consent orders

• Representing parents or carers in the Federal Circuit and Family Court of Australia

We focus on resolving disputes respectfully while protecting the best interests of your child.

Contact Kennon Lawyers

If you are facing a parenting dispute involving a transgender or gender-diverse child, expert legal advice can help you understand your options and protect your family’s wellbeing.

Contact Kennon Lawyers today for confidential and compassionate advice from an experienced family lawyer in Melbourne.

Visit www.kennonlawyers.com.au or call (03) 9828 1456 to arrange a consultation.