The Full Court of the Family Court dealt with the issue of the alleged primacy of parenthood in the ‘Yamada vs Cain’ case (2013).
Often at court you hear the phrase “But I’m their mother…” which exemplifies a general expectation that because of parenthood a person is entitled to have their children live with them.
The Yamada vs Cain case again confirms that in Family Law Cases the best interests of the children are the primary consideration for the judge anf not the interests of the parents.
If the evidence before the court establishes that a child is in a better position living with a non-parent then the court will order that they live with that person.