“Psychological Parent”: Fact or Legal Fiction?

What is a ‘psychological parent’? Why is it all the rage at the moment and what potential implications can it have for litigation in the child protection jurisdiction?

Contemporary, sociological definitions of “parent” can include the notion of ‘psychological parent’ - where a person is not related to the child biologically or even by adoption but has formed a psychological bond with the child and, therefore, considers themselves (or, is considered to be) a parent of that child. Since the 2019 High Court decision of Masson v Parsons, the concept of ‘psychological parent’ has worked its way into the legal lexicon. Sometimes it’s uncontroversial, but at other times, the question of whether somebody is a parent or not can become a hotly contested space. This is particularly so in the children’s court jurisdiction where children removed from their parent’s care pursuant to court order and placed in the care of a foster carer or member of the family can over time develop strong bonds with that carer. So where does that leave biological parents in their often David & Goliath battle to get their children returned to their care? 

Sources: 

Joel Orenstein

https://www.orenstein.com.au/our-team/

Dr. Angela Delle-Vergini

https://mfpsychology.net.au

Children, Youth and Families Act 2005

https://content.legislation.vic.gov.au/sites/default/files/2023-10/05-96aa136-authorised.pdf

Masson v Parsons [2019] HCA 21 (19 June 2019)

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2019/21.html?context=1;query=masson%20v%20parsons;mask_path=

Re: JH [2021] VChC 2

https://www.childrenscourt.vic.gov.au/file/re-jh-2021-vchc-2

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

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