Wealthy squatter house lawyer denies forging wills in ‘high-stakes’ battle over $20 million fortune

 

A wealthy lawyer who unsuccessfully sought to claim S over a pair of Sydney homes has emerged at the centre of another bizarre court case involving allegedly “forged” wills in a fight over a multimillion-dollar fortune left by a prominent solicitor.

Yael Abraham, whose unrelated squatter’s rights claim was thrown out of the NSW Supreme Court last month, has been locked in a protracted three-year probate contest with Annie Goldberg, seeking to set aside wills left by Ms Goldberg’s parents in favour of two alternative wills that allegedly appoint Ms Abraham as sole executor of their estates.

Leon Goldberg, a well known criminal solicitor, died in June 2020 aged 91. His former partner, Carol Goldberg, died in January 2014.

Ms Goldberg was their only child. Ms Abraham, herself a retired solicitor now living in Queensland, has no biological relationship to Leon but claims to have been his friend and confidante — a claim denied by Ms Goldberg, who has alleged the two wills are forgeries.

Neither side’s claims have yet been tested at trial.

On Thursday, NSW Supreme Court Justice Michael Slattery rejected a bid by Ms Goldberg to have the case dismissed outright — instead ordering Ms Abraham not to continue her “unacceptably chaotic conduct of the proceedings” she first brought in March 2022, including repeated “highly disruptive” failures to appear for hearings and changes of lawyers.

“The proceedings have not been struck out,” he said.

“But Ms Goldberg’s motion has been adjourned and may be revived depending on Ms Abraham’s further adherence to Court timetables, directions and orders in relation to further conduct of the proceedings.”

Justice Slattery warned “this is a very high-stakes contest”.

“Ms Goldberg alleges that the 2014 and 2015 wills were forged,” he said.

“Ms Abraham says that she believes the wills are genuine and should be admitted to probate. She strongly denies she was involved in any forgery and that if it turns out the wills are forgeries then she says the forgeries must have been engineered by others. The issue is yet to be decided at trial.”

But Justice Slattery noted that in certain cases “where forgery by some person is established, or strongly indicated, after a civil trial, this might lead to the referral of the proceedings to the Attorney-General for consideration of a prosecution” carrying a possible prison sentence of 14 years.

“Such referrals are made from time to time after the outcome of civil trials where forgery is alleged,” he said.

“By drawing attention to this, the Court is not indicating any view that forgery has occurred in this case but merely reminding both parties that civil litigation can be very consequential beyond its central contest.”

Carol and Leon Goldberg left behind a substantial estate that included properties in Vaucluse, the Blue Mountains, Dulwich Hill and Ambarvale, thought to be worth at least $20 million.

In 2022, one of Leon’s properties — a dilapidated and abandoned old shop on a waterfront block on Fitzwilliam Street, Vaucluse — was sold at auction for $17.1 million.

At the time of her death, Carol’s primary asset was her Ambarvale home, valued at $450,000.

In July 2013, she had made a will, constructed from a will kit, that appointed Leon as her executor and gave the whole of her estate to him. Leon’s will of April 2018 in turn appointed his daughter as his executor and sole beneficiary of his estate.

However, Ms Abraham alleges that Carol made another will in late January 2014, shortly before her death.

“Controversially in these proceedings, only a copy of this will is available, not the original,” Justice Slattery noted.

The typewritten 2014 document names Ms Abraham as Carol’s executrix and reads:

“3. I GIVE to my daughter Annie Goldberg of [address] the sum of $80 pw. I say I do not want my daughter to loose (sic) her sickness benefits Given certain allegations she [Ms Goldberg] makes against me I make it clear that I deny totally the false allegations she makes. I say she knows what they are. I further say my daughter is due to receive a large inheritance from her father, Leon Goldberg and has received considerable amounts of money from him.

“4. I GIVE the balance of my estate to my executrix to hold for life for the benefit of her daughter with a disability, CHRISTINE ALYSON FABRIVCATO, also known as ALYSON ABRAHAM and in the event of her death before me, to her surviving children.”

The foot of the 2014 will bears a handwritten signature reading “Carol Goldberg” and an attestation clause recording the names of two witnesses, “Barry Raymond Thom” and “Zoltan Even Chen Nyti”.

The court noted it was unclear how Ms Abraham came by the 2014 will.

“She says that she was not involved in its preparation or execution but that it was delivered to her, by persons unknown, some months after Carol’s death,” Justice Slattery said.

According to Ms Abraham, she informed Leon about the 2014 will but he requested her not to obtain a grant of probate due to Carol’s tenuous mental capacity at the time it was made. “Ms Abraham’s version has Leon accepting her account of how she (Ms Abraham) came by the 2014 will,” Justice Slattery said.

“It might be expected that a lawyer as clever as Leon might have asked many questions about the provenance of the 2014 will. Ms Abraham attempts to explain the origins of the 2014 will on the basis that Carol had met Ms Abraham’s daughter, Alice, and admired what Ms Abraham was doing for her.”

In May 2015, according to Ms Abraham, Leon also made a will appointing her as his executrix. The typewritten document, which at one point misspells his name as “Leong”, reads:

“3. I GIVE the following specific bequests:

“(i) to the United Israel appeal the sum of $50,000,

“(ii) to the NSW Friendship Circle the sum of $50,000,

“(iii) to my brother CHARLES GOLDBERG my share of [the Blue Mountains property],

“(iv) to my executrix YAEL ABRAHAM the sum of $250,000.”

It then gives 50 per cent of the residue of the estate to be held on trust by Ms Abraham for Ms Goldberg, declaring that she “suffers from a mental illness” and is “not capable of managing her own financial affairs”. The attesting witnesses are recorded as “Joseph Saul Ezekiel” and “Zoltan Even Chen Nyti”.

“Ms Abraham’s account was that she had sufficient confidence from both Carol and Leon to be entrusted with the executorship of their wills,” Justice Slattery said. “It will be strongly contested at any final hearing.”

Ms Abraham provided the court with a lengthy 51-page affidavit, and 275 pages of annexures, that details the “extensive relationship she claims she had with Leon and Carol and their daughter”.

She alleges she first met Leon when she was a young child and later again when she was practising as a solicitor in the 1980s, when he and she referred legal work to one another.

“The Court is not presently judging the merits of this case, but the extensive detail Ms Abraham provided indicates that it is a case that would require detailed consideration at trial to evaluate its merits and persuasiveness, or otherwise,” Justice Slattery said.

In challenging probate of the 2018 will, Ms Abraham has sought evidence related to Leon’s mental state in the final years of his life as he began to exhibit signs of dementia.

Leon was moved to a nursing home in Vaucluse in May 2018 where he lived until his death.

Ms Abraham told the court she brought the proceedings for altruistic reasons for the benefit of the beneficiaries of the 2014 and 2015 wills.

“Ms Abraham says she was not involved in the preparation either of Carol’s 2014 will or Leon’s 2015 will,” Justice Slattery said.

“But Ms Abraham has not so far adduced any evidence as to who prepared these wills. Ms Abraham has at various times been asked to bring into Court the originals of Carol’s 2014 will, and Leon’s 2015 will. She has produced neither. She has made available what she claims are photocopies of the original of each will.”

At the agreement of both parties, the photocopy documents were examined by handwriting expert Melanie Holt, who delivered her report in July 2023.

“It concludes that there is moderately strong support for the hypothesis that someone other than Leon wrote the signature on the 2015 will and that the 2015 will contains anomalies throughout that bring its veracity as a whole [into] question,” Justice Slattery said.

“Due to the limited number of available specimen signatures provided for Carol, Ms Holt was unable to reach a conclusion concerning the testator’s signature on the 2014 will but she observed anomalies throughout the 2014 will, which brought its veracity into question.”

The court was scathing of Ms Abraham for her handling of the case to date, but declined to dismiss the proceedings.

Justice Slattery said a number of witnesses Ms Abraham had put forward left “substantial questions of fact to be tried which should ordinarily be allowed to go to final hearing for their final resolution”.

“At such a final hearing the contest about the execution of the wills will involve examination of the competing expert handwriting evidence and the evidence of the attesting witnesses,” he said.

“A vast range of possible factual findings may emerge from the contest about the various alleged suspicious circumstances.”

Ms Goldberg sought to rely on evidence in the recently decided squatter’s rights case “as showing up Ms Abraham as in substance an opportunist, conduct which Ms Goldberg says is replicated in these proceedings”.

“But the Court declines that invitation,” Justice Slattery said. “These applications are decided solely upon the evidence in these proceedings.”

Ms Abraham will be allowed to review the medical evidence produced on subpoena “so that these proceedings can now be accelerated on a tight timetable” towards resolution.

Justice Slattery also ordered Ms Abraham to file an affidavit on her financial position within 14 days to test the “potentially very doubtful assertion” she had made previously that lack of funds was the reason for her “inability to retain solicitors and advance this case” and pay previous costs orders.

“It is appropriate for her to show some such commitment as a condition of allowing these proceedings to go on and to deter her from repetition of the unacceptably chaotic conduct of the proceedings which has occurred in the past,” he said.

The case resumes in June.

Ms Abraham has been contacted for comment.

Australia’s family law changes to affect pets, property and finances

 

Pet and property owners watch out – Australia’s family law is changing how separation disputes will be resolved.

Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples.

So what’s changing for our pets?

Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court.

However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system.

This takes into account:

  • any animal abuse, including threatening behaviour as a form of family violence
  • the attachment of each party, or children, to the family pets

However, there are limits and courts cannot make orders for joint ownership or shared possession of pets.

My relationship ended — what happens to our shared property and finances?

Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts.

But couples struggling to reach an agreement can apply to family law courts to determine a property settlement.

Changes affecting Family Law Act 1975 include:

  • how the courts will determine a property settlement
  • what the courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant

This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court.

Key areas that courts will consider:

  • identify all property and liabilities (debts) of the parties
  • assess each party’s contributions to the property pool and to the family’s welfare
  • assess each party’s current and future circumstances. The family law courts will consider matters such as each party’s age and state of health and the care and housing needs of any children
  • only make orders that are, in all of the circumstances, just and equitable

Family violence

The Family Law Act defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful”.

Key amendments include:

  • the economic effect of family violence, where relevant, when making decisions about property and finances after separation.
  • economic or financial abuse may constitute family violence – including if a person has controlled all of the finances or spending.

What’s staying the same?

  • Family law courts cannot sentence someone for engaging in family violence conduct.
    • Prosecutions for family violence offences are made in state and territory criminal courts.
  • Compensation for harm caused by family violence
    • Compensation may be available under a victims of crime compensation scheme or under an order from a state or territory civil court.
  • Family violence orders to protect someone from family violence or altering existing orders made by state or territory courts to protect someone from family violence.
    • Again, orders for protection against family violence are made or amended by state or territory courts.

Duty of financial disclosure — what changes?

Couples separating have a duty to provide all relevant financial information and documents to each other and the court.

From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty.

If failure to do so, consequences can affect separating couples such as:

  • take noncompliance into account in a property settlement
  • impose sanctions, such as costs orders
  • punish a party for contempt of court with a fine or imprisonment, or
  • defer or dismiss all or part of the proceedings.

What stays the same?

  • Existing financial or property orders remain unchanged and people with existing orders should continue to follow those orders. While the changes will apply to all new and existing proceedings, there is an exception where a final hearing has already begun.
    • The new law applies to all matters (unless a final hearing has begun), even if an application was filed before June 10, 2025.
    • People who are already in court and do not have a lawyer can seek legal advice on how the changes may impact them.
    • Child support is generally dealt with separately to a family law property settlement.

The changes to family law will come into effect from June 10, 2025.

A fact sheet detailing the changes can be found here.

Shared Parenting is Dead! Single Mother’s now the Equal Priority with Children in Family Law reforms

 

In recent years, amendments have been made to Australian family law to place a greater emphasis on the safety of children and their carers, typically the mother. The Family Law Amendment Act 2023 (Cth) repealed the presumption of equal shared parental responsibility and simplified the considerations for a court to consider.

Now, the best interests of the child take precedence over assumptions about equal time or shared responsibility. This change aims to ensure that legal decisions focus primarily on the child’s safety, especially in cases involving family violence. For example, if one parent is accused of family violence, or if there are concerns about the child’s safety with a particular parent, the court can prioritise the child’s safety over maintaining equal time with both parents.

While section 61DA of the Family Law Act (which allowed the presumption to be rebutted in cases of family violence) has been repealed, section 60CC(2)(a) now plays a central role. This provision explicitly requires the court to consider family violence and abuse when determining the child’s best interests. As a result, the safety of both the child and primary carer remains the top priority when making parenting orders.

The amendment reduces the legal obligation for parents to consult with each other when it is unsafe, granting the court more discretion to make decisions that protect both the child and the carer.

This is crucial for promoting safer, more flexible outcomes, particularly in situations involving family violence or other risks to the child’s well-being.

In short, the 2023 Amendment simplifies the legal process, ensuring that decisions are focused on child protection and allowing courts to prioritise safety over assumptions about equal time or shared responsibility. This is a significant step forward in family law, ensuring that the needs of children are always at the forefront of decision-making.

If you’re separating or going through a divorce, it’s important to seek legal advice, especially if children under 18 are involved. Understanding your rights, as well as the rights of your child, is essential. Under Australian family law, children have the right to a meaningful relationship with both parents, but also the right to be protected from harm.

Trying to ‘rule from the grave’? The trouble with testamentary trusts

 

When it comes to divvying up your estate after death, testamentary trusts are often touted as an option. They can be a way to ‘rule from the grave’, giving you more control over the way your assets are distributed – placing them in a trust, rather than having them given directly to your beneficiaries.

However, it’s important to consider that all the power lies with the trustee, not the person you want to provide for. And though the trustee has a fiduciary duty to the beneficiaries, that may require a significant level of foresight and wisdom. Let’s look at some of the ways testamentary trusts can go south.

There are many ways to structure a testamentary trust. The trustee could be a friend, relative or professional organisation. The income beneficiary may be your spouse, who may end up without actual ownership of the trust assets, just the earnings.

Remaindermen are the beneficiaries who will receive the assets on the death of the income beneficiary, maybe your children from an earlier marriage. Whatever is not paid to the beneficiary eventually becomes the property of the remaindermen.

 However, in some cases, the trustee may be one of the remaindermen, or might just feel a lot of pressure from the remaindermen to protect their interests, causing the elderly spouse a lot of worry in their old age.

Even defining income is a problem. This should be addressed in the trust deed. If not, then the trust law definition of income applies. Income in accordance with Australian Accounting Standards includes capital gains, trust law income does not.

Taxable income is different again; for example, it includes franking credits and capital gains. Dividend reinvestment may leave the beneficiary with nothing. Regardless of what the beneficiary receives, they will be required to pay tax on all the taxable income of the trust.

Let’s look at a trust with just shares and the like, as it is a much bigger problem if the trust contains the family home.

To avoid income manipulation you might consider giving the trustee the discretion to use capital to provide a comfortable lifestyle for the spouse. However, how do you define a ‘comfortable’ lifestyle?

I have seen the sole income beneficiary of a professionally managed trust receive just $200 per week, and no payments for six months at a time, and yet they are not entitled to the pension because the assets of the trust excluded them under the asset test.

Giving the trustee discretion puts the spouse at their mercy. Furthermore, it can jeopardise their entitlement to franking credits, an important income stream for many retirees. A trust with any discretionary powers is not a fixed trust, so the beneficiary cannot say they have owned the shares that generated the income for more than 45 days.

Accordingly, unless the beneficiary is only entitled to less than $5000 in franking credits they will not be able to use any franking credits to reduce the tax on their distribution.

The spouse can wind up destitute because Centrelink will look at the assets of the trust and the deed and decide that the spouse is the sole income beneficiary so has control, and declare they are not entitled to any pension. A trustee prioritising protecting the purchasing power of the assets will invest for capital growth, leaving the spouse with no pension and very little income.

 You might say this is not right, but the only way of getting more income is to take the trustee to court – apparently common practice, and it quickly erodes the estate via legal fees.
Finally, to avoid this, you might consider using a professional organisation hoping for more equitable management. But the more assets these organisations have under management, the more they earn in fees.

They can sell up all your assets and put them into their managed funds of “prudent investments” that, after fees, return 2 per cent, and then charge fees on top of that for managing your trust.

This is only a small sample of the problems you could be leaving behind. Testamentary trusts are rarely a solution and likely to be very costly to the estate.

Julia Hartman founded BAN TACS Accountants more than 30 years ago and is still passionate about all things tax.

  • Advice given in this article is general in nature and is not intended to influence readers’ decisions about investing or financial products. They should always seek their own professional advice that takes into account their own personal circumstances before making any financial decisions.

Lending your kids money? This could save you from going to court

 

 

Around Australia, many family lawyers are on a delicate mission: helping parents and grandparents navigate how to help loved ones financially while still protecting their assets if there’s a break-up.

It’s becoming an increasingly common query from clients of a certain age, who want to subsidise their child or grandchild but also keep assets in the family if a relationship ends.

It’s a fraught issue as Australia experiences an era of massive intergenerational wealth transfer, with an estimated $3.5 trillion in assets expected to be passed on by 2050.

There are three main options when transferring wealth: a gift (which offers little to no legal protection), a loan (which can be contested, especially if not properly documented) or the most robust legal option, the Binding Financial Agreement (BFA).

 A decade ago, it was unusual to request a BFA for family wealth transfer. Now, many parents won’t extend money to their children unless they and their partner enter into a binding agreement.

What is a BFA?

BFAs are powerful legal tools that can protect financial contributions when you hand over wealth (whether early inheritance, money for a home deposit or other financial support). They allow all parties to define in legal terms how specific assets will be treated in the event of separation.

They are enforceable under the Family Law Act and allow parties to contract out of the usual rules surrounding division of property. This is particularly useful in blended families, second or subsequent marriages, or when significant family wealth is involved.

A BFA must be signed with independent legal advice on both sides, which offers an extra layer of fairness, clarity and enforceability. But they are not without complications. Any situation where a legal document intersects with love, family and money should be approached with careful thought and expert advice.

How could I use a BFA?

Aside from your Westpacs or NABs, the bank of mum and dad or bank of granny and pa are big players in helping young Australians enter the property market.

Such well-meaning gifts or loans can have unintended consequences, especially if a couple receiving this financial support separates and the gift or loan is entangled in a property settlement.

Families often believe they are lending, not gifting, money to their children or grandchildren, but without clear records and legal structure the courts may not agree.

Consider the case of Toby and Mia. Toby’s parents contributed $500,000 towards a first home purchase, intended as a loan. They were not comfortable creating a formal repayment schedule or loan agreement, keeping it as a “family understanding”.

When Toby and Mia’s relationship ended years later, the lack of documentation meant the parental contribution was treated by the courts as a gift and included in the pool of assets available for division between the couple.

This is a common outcome.

Many informal family loans are never recorded or legally structured, and I’ve seen first-hand how disputes over such loans/gifts can cause immense financial and emotional strain and lead to the breakdown of family relationships.

 A well-drafted BFA can clearly define who owns what and ensure that a contribution is not lost in a break-up. It can explicitly exclude certain assets from any future property settlement and is harder (though not impossible) to contest in court.

Are they always the best idea?

With the growing popularity of BFAs, I expect to see more court challenges to them in the future. Unless your BFA is objectively fair and reasonable, it risks being overturned in court, especially if there is evidence of coercion, inadequate disclosure or lack of legal advice.

An overly one-sided BFA is not worth the paper it’s written on. The courts can and do set them aside. In one case, Thorne v Kennedy, the High Court did just that.

There is also a risk of relationship damage if one party feels pressured into signing. With couples, sometimes the implication that one party is protecting themselves “just in case” can lead to resentment and mistrust. This makes honest conversations essential.

The bottom line in working out whether a BFA is right for you is: are you prepared to be sharing that asset with the other party if there is a split?
If you are comfortable with this, or you are concerned about upsetting family dynamics by requesting a BFA, you may prefer to gift. It’s your choice to weigh up how much control you want over that asset as you pass it to the next generation.If you want to keep that asset in the family, a BFA provides solid legal protection, although there are other options.James Steel is a family law specialist and principal at national law firm Barry Nilsson, and a nationally accredited mediator.

  • Advice given in this article is general in nature and not intended to influence readers’ decisions about investing or financial products. They should always seek their own professional advice that takes into account their own personal circumstances before making any financial decisions.

Trans ruling ‘could rewrite the law’

A landmark judgment that stripped custody from a mother who wished to give her 12 year old  – and criticised a leading gender medicine expert for giving misleading evidence – threatens to undo precedents allowing treatment for children without court intervention, a former Family Court judge says.

Stuart Lindsay KC, who ­presided in the Family Court from 2004 to 2014, has warned of the damaging effects of secrecy statutes anonymising key details.

He said it may be in the “best interests” of children and parents that the identities be known.

The comments come days after judge Andrew Strum published a significant judgment rejecting a hospital’s diagnosis that the 12 year old suffered from gender dysphoria, and criticising activist who use legal proceedings to promote a pro-transgender ­ideology.

Justice Strum’s judgment has made waves among family lawyers, paediatricians and psychologists, after he criticised the approach of hospitals to children questioning their gender, saying the decision to “affirm ­un­reservedly” any child that raises concerns over their gender is “oddly binary”.

He suggested that the Full Court may need to reconsider precedent that allows children questioning their gender identity to access medical treatment without legal intervention, due to emerging research contesting gender-affirming models of care.

The treatment by the courts of children who raise concerns over their gender has been largely shaped by three major court cases.

In Re Jamie in 2013, the Full Court established parents could consent to their children taking puberty blockers without court authorisation, finding the treatment is reversible.

Four years later in Re Kelvin, the Full Court removed the requirement for court authorisation of the provision of cross-sex hormones.

Re Imogen in 2020 clarified that while Re Kelvin relaxed the need for court oversight, authorisation was mandatory if there was a dispute over treatment.

Justice Strum said the Full Court may reconsider the categorisation of puberty blockers as reversible “in the aftermath” of the landmark British Cass Report, which recommended limitations on medication for gender-­dysphoric ­children.

“The Full Court may, in the future, see fit to reconsider the categorisation in Re Jamie of Stage 1 treatment (puberty blockers) as being reversible and not attended by grave risk if a wrong decision is made, such as to fall within the wide ambit of parental responsibility and not require court authorisation,” Justice Strum wrote.

“That is a fact (and a relevant one), not a criticism.”

Mr Lindsay, in an interview with The Australian, said Justice Strum’s judgment paved the way for the Full Court to undo Re Jamie and Re Kelvin.

Timeline of Key Legal Decisions

Medical Consent for Transgender Youth

He said the next judge to preside over a case in which the parents disagreed over the medical pathway of their child would have competing single-court views on the evidence put before them.

“There’s no more of this pretend consensus,” Mr Lindsay said. “The Chief Justice of the Family Court should make it plain that on the first opportunity a case stated should be put up by the judge who’s got one of these before him or her, and a court of five should be convened. A court of five to undo Kelvin.”

Mr Lindsay, a former Liberal Party member, said judges moving forward are going to be “confronted” by conflicting evidence, in part due to the Cass Report challenging aspects included in the Australian Standards of Care and Treatment Guidelines.

He said the court had just been applying a “rubber stamp” to cases that are contested, allowing a child to access treatment, but that “won’t be happening anymore”.

Justice Strum’s judgment was highly critical of one of the nation’s foremost gender medicine experts – anonymised as Associate Professor L – who gave evidence supporting the mother’s case.

He found Associate Professor L and their colleague, Dr N, provided weak evidence to support the mother’s opinion that gender identity was “internal” and “not open to external influence”.

He also said that Dr N’s diagnosis of the child as gender-dysphoric was only made “as the pending trial dates approached”, declaring the timing of the diagnosis was “more than merely coincidental”.

The Australian is unable to publish details identifying the witnesses – including the state in which the matter was heard – due to secrecy laws to protect the identity of the child.
But Mr Lindsay said: “Why shouldn’t, in the interests of children and parents in that state, why shouldn’t that be released?

“This has always been the problem here,” he said.

“You read about one of these cases and there might have been some feature of the treatment or some witness who was called who had one view or another that you, as a legal practitioner, wanted to follow up or as a litigant, and you could never find out who they were.”

He continued: “It’s the sort of order you only usually see in a state security matter.”

These single men are looking to start a family through surrogacy

Surrogate fathers

Shaun Resnik (left) became the first single dad in Victoria to have a child through surrogacy. His story has inspired Suhel Jain (right) to begin his journey to fatherhood.

On 2 March 2022 Shaun Resnick described himself as “the happiest man in Australia”.

It was the day his son Eli was born and the end of a three-and-a-half-year surrogacy journey he endured as a single man.

“I think society is only just waking up to the notion of single fatherhood, especially single gay guys who’ve really had to work super hard to become dads,” the 44-year-old told The Feed.

“One of the great things that’s come out of it (the surrogacy journey) is, it’s been an inspiration to a lot of people. So all of a sudden, while I’m out and about people are coming up to me to say congratulations, and thanks for being an inspiration.”

Shaun was the first single man to be granted approval for the strict requirements to do surrogacy in Victoria.

His journey to satisfy that state’s Patient Review Panel — which assesses people’s applications to access assisted reproductive treatment — included getting legal advice and undertaking counselling and psychological assessment.

“Surrogacy in Australia is altruistic so they (surrogates) don’t get paid nor does the egg donor – it is a gift from their hearts to yours,” he told The Feed.

“The beauty of that is that Eli now gets to have a relationship with his birth mother Carla.”

Shaun spent years building relationships with a number of potential surrogates, three had to pull out for personal reasons.

Throughout that time Shaun was speaking to the woman who became his surrogate Carla Pincombe, about all his ups and downs in the journey.

Shaun and Carla had met at a surrogacy support group, where intended parents, meet potential surrogates, and slowly became close friends.

“There was never ever, ever any intention for Carla carrying for me. She was just purely a friend. And we’d just be mentors for each other.

He told The Feed it was after the third surrogate fell through that Carla said she would carry the baby for him.

“It was one of the most outstanding offers I’ve ever received in my life. I was like in tears. Finally, Carla had come in and saved the day!” he said.

Battling different states’ surrogacy laws

Nicole Russell, a surrogacy lawyer based in Melbourne, told The Feed she has seen an increase in single men looking to start a family since Shaun’s story came out.

“I’m certainly seeing a lot more enquiries made recently, and doing it (surrogacy) alone is definitely tough,” she said.

Nicole helps people navigate the delicate legal grounds of surrogacy in Victoria.

One of the challenging things about surrogacy in Australia is that there are no uniform laws.

Each state has its own laws and this can make it difficult when seeking surrogacy across state borders.

For example, intended parents in Tasmania must have a surrogate in that state.

In Western Australia, surrogacy is not available to gay couples.

Surrogates in Victoria and Western Australia must have had their own child before being a surrogate.

However in Queensland, New South Wales and South Australia they can be a surrogate for their first pregnancy.

The minimum age for surrogates in each state and territory is 25, except for the ACT, where it is 18.

Before any procedures can go ahead the surrogacy must be approved by the Patient Review Panel in that state.

‘Aladdin is a story of good triumphing evil, which is a good lesson for my future bubba’

Inspired by Shaun’s journey, Suhel Jain has taken the first steps to begin starting a family through surrogacy.

The 35-year-old has had to go out of his comfort zone to make connections with potential surrogates online and in person.

“I’ve never had social media before in my life but I’ve signed up to Facebook to join these surrogacy support groups where intended parents can introduce themselves to surrogates,” he told The Feed.

“I’ve been to two (in-person) surrogacy meet-ups where intended parents and surrogates get the chance to have dinner or lunch and get to know each other.”

“I am ready for this journey, I know it will be a long one and will depend on the niceness of others and the selflessness of others.”

Suhel told The Feed he recently bought a three-bedroom house in Melbourne with two of the bedrooms reserved for his parents and his future child.

“In Indian culture it is really important for a child to have a relationship with their grandparents,” he said.

“My parents are in India but I plan to bring them to Australia once I’ve found a surrogate.”

He told The Feed that while his parents are supportive of his decision to start a family alone, other people in his life have been somewhat critical.

“I’ve heard comments like ‘Oh, you want to be a single dad? So that means the child will not have a mom, have you ever thought about that?’ And ‘Why do you want to bring the child to a world where there is no mom?’” he told The Feed

“Everyone expects you to have a traditional family and when you don’t have that you are kind of the black sheep of the family.”

“But I’ve silenced all those critics by saying ‘look, it is my journey. It is me as an individual. I am the nurturer. I will be doing everything for my child’.

Suhel has also bought some small toys and figurines for his future child including one of his favourite childhood film Aladdin.

The 35-year-old told The Feed that he bought the toy set while travelling in Spain.

“Aladdin is a story of good triumphing evil, which is a good lesson for my future bubba,” he told The Feed

“I want them to know no matter how hard things get in life, being good is the best outcome.”

Creating the next generation of circus performers

Sam Whelan, a circus performer from Melbourne, will start the pregnancy phase of his surrogacy journey soon.

The 31-year-old told The Feed he will be going through a traditional surrogacy method, where the egg donor also carries the baby.

This method is less common in Australia than surrogacy involving an embryo being transferred to the surrogate’s uterus, with the surrogate having no genetic link to the child.

“I wanted to go down this path (traditional surrogacy) as I believe it gives you a stronger connection to the surrogate and there is more of a bonding experience,” he told The Feed.

“Price is another factor, with traditional surrogacy we’re cutting out the middle man and not going to IVF clinics, I expect it’ll cost between $5,000 and $20,000.”

“Surrogacy journeys where there is a donor and surrogate can vary massively in price.”

One of the main reasons for this is the potential for repeated fertility treatments.

Sam told The Feed that he has always wanted to be a parent, but when he turned 30 it was a big emotional push for him to start trying.

“I was ready to be a dad at 25 and by 30 I started to really look into it seriously and I don’t wanna wait around for someone,” he told The Feed.

“At least this way (being single) I won’t have to compromise on parenting styles.”

He told The Feed that he is past his peak as an acrobatic performer and looks forward to beginning the next chapter of his life as a parent.

But it hasn’t been a smooth journey. He told The Feed it took some time for his parents to get on board with his surrogacy journey.

“Initially they didn’t support my decision but I bought my mum a book to explain the journey (of surrogacy) and why people do it.”

Sam said he now has support from both his parents.

Mum who gave birth via IVF at 64 loses custody of twins

A Spanish woman who gave birth to twins aged 64 has lost custody of them after a court ruled she couldn’t look after them properly.

Officials said the children were “in a clear situation of vulnerability” in the care of their mother, identified only by the first name Mauricia.

IVF-mum-Mauricia-Ibanez-loses-custody

69 year old IVF mum, Mauricia Ibanez, loses custody of twins

She gave birth to the twins, who are now four, after travelling to the United States for assisted reproduction treatment.

Mauricia said: “Being able to have children at an older age is not a gift it’s an ability.”

However, shortly afterwards, social services assumed guardianship of the babies, coming to the conclusion that they were at risk.

She was allowed to keep in contact with the twins on the condition she was closely monitored by social services.

But they decided she was not following their advice closely enough and decided to remove them permanently.

Mauricia challenged the move but her appeal was rejected by the Family Court, the provincial court and now by the Supreme Court, which ordered them to be placed in foster care because of a lack of proper protection with their current mother.

The Spanish Supreme court ruling ends a four-year legal battle in the city of Burgos, in the autonomous community of Castilla y Leon, in the north-west of the country.

According to national newspaper ABC, the court found that the twins were “in a clear situation of vulnerability” due to their mother’s inability to care for them properly.

But it insisted the decision to remove them was not because of her age or mental health.

Instead, the court said the decision was because of “the indicators of the risk of minors and given the difficulties of the mother shown for some time”.

The kids were not kept in “optimal conditions” and the woman also did not have a social support network or a family to help, officials added.

Speaking to national news outlet Telecinco, Mauricia insisted the court was wrong as the babies were always better with their mother.

She added that the case was all about what was best for the kids, not for her.

However, the mother has exhausted her options for now after the most recent ruling.

The court heard during the hearing how Mauricia has another daughter, also through assisted reproduction, now 11, who lives in Canada.

She was also ruled unfit to care for that child in a ruling in 2014 and she was then taken into foster care.

According to ABC, the court said she is allowed to appeal again every two years, although “they do not predict a different outcome in the short term”.

Bitter Burial Dispute Between Parents of Boys Tragically Killed

The bitter legal dispute between the parents of two boys, killed by an out-of-control car, has hit court, with both arguing how they should be laid to rest.

The parents of two young boys, allegedly mowed down and killed by an out-of-control driver in January, are engaged in a bitter legal dispute over how their bodies should be laid to rest.

Joseph-Shorey-with-Sheldon-and-Shane.

Shane Shorey, 7 and Sheldon Shorey, 6, died after they were hit by a car on January 6 while walking on the way back from the swimming pool in Wellington, in central NSW.

They were walking with their mum Shayleen Frail and two others who were all hospitalised with severe injuries.

Last week, it emerged that Shane and Sheldon were still being kept in a morgue in Newcastle after their parents had failed to agree on their final resting place.

The boys’ father Joseph Shorey, who lives in Queensland, wants the boys to be cremated and their ashes to be split with their mother, while Ms Frail wants their bodies buried together in Wellington.

The dispute hit NSW’s Supreme Court today, where Justice John Sackar heard submissions from each parent and promised to deliver a speedy decision next week.

“I understand entirely the grief experienced and it is incumbent on me to move this matter on,” Justice Sackar said.

, representing Ms Frail, described the “significant cultural elements” involved in burying the boys in Wellington and said the family felt cremation would cause the boys further pain in the afterlife.

In an affidavit submitted by Ms Frail, she said she was concerned about the boys being cremated, describing the act as something that would inflict “more suffering on the boys after death”.

“Being cremated after death is putting my babies through more pain and suffering,” Ms Frail said.

“Cremation will separate the boys and (Ms Frail) does not believe her boys will rest easy after death as they will not have a final resting place,” Mr Jones added, on behalf of Ms Frail.

Ms Frail hopes to bury her boys in a single coffin, laying side-by-side.

If that’s not possible, she will place them on top of each other so they can “remain together and continue together onto the afterlife, protected by family and friends in region”, Mr Jones said.

Ms Frail said she was “very scared” that if her boys were cremated, another family tragedy could occur – such as a house fire or a break and enter – and she would have nothing left of them.

Mr Jones told the court the belief in Wellington’s Aboriginal community was that burial helped the bodies “return to Mother Earth … and allowed the elders to guide the boys to the afterlife”.

The boys being buried also allowed the community to maintain a relationship with them.

“It’s not simply a place to mourn and grieve, but a place to feel close to and connect to.

“That belief system is not something (Mr Shorey) says he ascribes to.”

Mr Jones said Mr Shorey’s hope to have his boys’ ashes with him was not a “religious consideration” but a “way to manage his grief”.

“Grief feelings will dissipate and lessen as people move on with their lives,” he added.

Mr Shorey’s barrister, Mark Anderson, argued the father had always maintained a strong relationship with Aboriginal communities and he had been caring for the boys since January 2020.

Mr Shorey also spoke about his fear of returning to the Wellington community after crosses he arranged to be erected in memory of the boys were set on fire and destroyed.

The court heard Mr Shorey was worried, if the boys are buried in Wellington, he may be unwelcome in the NSW town and would be unable to mourn their loss.

Mr Shorey also lives in Emerald, which is around a 16 hours drive away from Wellington.

“The practicalities of the matter favour (Mr Shorey),” Mr Anderson said.

A number of affidavits from Aboriginal elders attested to cremation sometimes being used in death. Mr Anderson also explained that before colonisation, cremation was the norm in Indigenous cultures.

He added that Mr Shorey grew up in Aboriginal communities, had strong ties to the community, was regarded as one of their own and was “sensitive to Aboriginal burial and supportive of that”.

Mr Shorey wants to have a funeral service in Wellington but hopes his boys can be cremated after that, with the ashes split between both parents.

Mr Anderson, through the affidavit of an Aboriginal funeral director, argued burying the ashes of someone was the same as burying their body, however, Mr Jones, the barrister representing Ms Frail, said this was only the case when the ashes were of someone’s entire body.

“The arrangements from (Mr Shorey) will provide a more practical way in which both parents can grieve the loss of their children in a culturally accepted way,” Mr Anderson said.

Justice Sackar reserved his decision for next week.

Jacob Donn, 25, the man charged with the boys’ deaths, will reappear in court next month.

He is facing 14 charges, including dangerous driving occasioning death, negligent driving occasioning death, negligent driving occasioning grievous bodily harm, driving unlicensed, and failing to stop and assist after vehicle impact causing death.

A GoFundMe page was set up to help pay for the boys’ funerals, which raised more than $28,600.

Mr Shorey earlier told The Dubbo News that a portion of that money had now been used to cover the legal costs of the Supreme Court case.

The adults ‘divorcing’ their parents

 

It’s the numbers that keep 69-year-old Maggie* awake at night. Numbers that careen wildly through her brain and just won’t add up, no matter how hard she tries. One: her only child, a much-loved adult daughter, Ellie*. Two: a pair of adored grandchildren, a boy and a girl, aged 5 and 3. Three: a gift of $150,000, given to Ellie and her son-in-law, that ought to have secured Maggie a worry-free old age. Four: a new family home, purchased by the young couple, in a suburb just 15 minutes from her unit. And five: the yawning, empty zero which represents the number of communications they’ve shared over the past 15 months.

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There are other numbers, too, some too sad for her to contemplate. The countless entreaties she has made to be included in the lives of the only family she has. The birthday and Christmas gifts that go unacknowledged. The rent her daughter and son-in-law demand she pays on the unit she occupies that was bought, in part, with the money she gave them. Her steadily deflating bank balance, which is still struggling to metabolise a recent $6000 vet bill. The odds that she will beat the lymphatic cancer that she was diagnosed with five years ago. And there’s another number which Maggie shares: today, Ellie is turning 33.

“I’ve had a dreadful night,” she confides when we speak on the phone from her home in a south-west Sydney suburb. “Too much introspection. It’s one of the reasons I power through books so quickly. I read to stop myself thinking.”

Maggie’s despair is alive and raw. She’s angry, too. “I’m perfectly okay with admitting that,” she says. “I’ve sat with the anger long enough to know that it’s another form of grief. And some days I just feel so depressed with this awful weight in my heart and chest. I find it difficult to cry, but I wish I could – just to let it all out. It just builds and builds.”

Maggie, now a retired teacher, became a single mum to Ellie in 1989 when her husband left them. It was a tough time, she relates, made worse by the loss of both her parents soon afterwards. And Ellie could be “difficult”, she says, with certain attention-seeking behaviours coming to a head when she was 11 and starting high school after a move to the country. “She ran away and ended up living with her father and stepmother for a year,” she says, “but she hated it and asked to come back. From that time on, though, I felt I couldn’t say or do anything without her flying into a rage. I walked on eggshells.”

Maggie became addicted to alcohol as she struggled to cope with the end of her marriage and the loss of her parents. “Before long, I realised I’d become just like my own mum and dad. Nevertheless, I worked and was involved with Ellie’s school. I managed to preserve outward appearances, but Ellie saw the times when I was deep in my cups and I know she still feels bitter about that.” Maggie says she finally got her drinking under control in the mid-2000s.

By the time Ellie left school to study in the city, the pair shared a close amity, speaking daily on the phone. In 2009, they started looking for a small place for Ellie to buy and Maggie withdrew $50,000 – “what remained of my super” – to give to her to use as a deposit. Two years later, after selling her house in the country, Maggie gave her daughter a further $100,000, half the cost of the sale, to achieve a “granny-flat interest” in the unit Ellie had bought two years earlier with the gifted deposit money. (Centrelink allows people to transfer assets to another person in exchange for a right of occupancy for life in a residential property.) A couple of years later, Ellie married her long-time boyfriend, Ben*.

“I wanted them to be secure and have a good life, so I gave them everything I could,” says Maggie. “It was silly of me because it has left me in a very parlous financial situation. When I think about it, I realise I perhaps over-compensated for a pretty awful life we had in the early days. Maybe I thought by giving them this money, helping them out, I was saying sorry in the only way I knew how. I’ve broached the subject quietly with her over the years, told her I was sorry for my past sins, but we never went deeper than that. It’s my deepest regret.”

Unfortunately, Ellie and Ben put the second, larger sum of money towards the purchase of a bigger family home at the beginning of 2018, leaving her, as the tenant of Ellie’s original unit, to pay the mortgage on it. When Maggie wrote to them recently asking for a rent reduction, it was Ben who sent back a curt response: “My son-in-law said, ‘We’ll have to start thinking about selling the unit then.’ That’s when I decided to talk to a Senior Rights service. I’m now living with the threat of homelessness!”

Mother’s Day 2018 marked a miserable watershed. “Where in previous years there’d always been a cake, flowers and a card thanking me for always being a mum and a dad, suddenly there was nothing.” Since then, two Christmases and birthdays have also passed unmarked.

In July last year, she was surprised to receive an invitation to her grandson’s fourth birthday and, for a few hours, she felt happy again: “I can’t tell you how close he and I were,” she says. “I used to mind him two-and-a-half days a week when Ellie went back to work. We’d get all the pots and pans out and all the wooden spoons and we’d play music and sing. And we’d read his favourite book, Peepo! : ‘Here’s a little baby, one, two, three …’ These are my most precious and heart-breaking memories.” She pauses. “I wonder if he asks about me.”

Later, there were a couple of short, tense lunch dates with Ellie and the children at a local cafe. And then nothing. Every overture Maggie has made since has been met with the same rebuff: the family’s too busy to meet. “In early March, with all the COVID-19 stuff going on, I sent her a text via Messenger saying, ‘I’m thinking of you and hoping you’re all safe and well.’ I could see that she read it, but she never responded. They’ve never once reached out to see if I’m okay. That feels like a heavy thing in these times.”

Parent-adult child estrangement, characterised by a sustained physical or emotional distance, or both, is on the rise. Still a relatively young field of research, statistics aren’t easy to come by, but more and more therapists working in English-speaking countries report witnessing a new “silent epidemic” of inter-generational family dysfunction invading their waiting rooms.

Five years ago, a study of 561 later-life families in Massachusetts in the US conducted by Megan Gilligan, a sociologist at Iowa State University, found that one in 10 mothers reported being estranged from at least one of their children. Becca Bland, chief executive of Stand Alone, a British organisation that supports and advocates for people affected by family estrangement, suggests that the topic is currently getting more attention because of Meghan Markle, the Duchess of Sussex, who is alienated not only from most of her own family, but her royal in-laws, too. Writing in Grazia last year as the world’s press gorged on the cadaver of Markle’s once-close relationship with her father, Thomas, Bland says: “For many thousands of us … the turmoil that Meghan faces isn’t unfamiliar. It is the everyday reality of our own families, amplified and publicised.”

Bland walked away from her own parents 12 years ago and felt so much shame about doing so that for ages she told people, including boyfriends, that her mum and dad had moved from the UK to Australia to explain their absence from her life.

“Being in touch with all these other people who are going through the exact same thing, well, it’s saved my sanity.”

Yet it seems that Hell reserves a special place of torment for those who are cast adrift, often for reasons they don’t fully comprehend, by the person they love most in the world: their own child. “I felt I didn’t have anyone to turn to,” says Maggie, her voice constricted. “One friend told me, ‘You’re always so negative! You could solve all of this with a phone call.’ Another said, ‘Oh, please don’t cry!’ People just can’t deal [with it] – and I understand that.” It wasn’t until she stumbled across a raft of resources for abandoned mothers, in particular a private Facebook group called Australian Alienated Grandparent Support Group, that she found comfort: “Being in touch with all these other people who are going through the exact same thing, well, it’s saved my sanity.”

Dr Kylie Agllias is Australia’s leading researcher in parent-adult child estrangement, a rupture that’s often hidden because of the high social expectations around parenting and family harmony. “Mothers, in particular, can feel that they’ve failed in their most important role if their child is no longer speaking to them,” says Agllias, a social worker and conjoint lecturer at the University of Newcastle.

“They often experience real judgment from their extended family and friends and perceive a broader judgment from a society that tells them that blood is thicker than water. There’s an assumption that they could repair the relationship if they just ‘tried a bit harder’. This is a loss that’s simply not recognised by society and, consequently, there are no rituals to mourn it.” In other words, when your child dies, everyone feels sympathy for you; when your child stops talking to you, everyone asks you what you did wrong.

Estranged fathers feel the pain just as keenly as mothers do, says Agllias, but experience less stigma and shame for the simple reason that men tend not to be asked about their children and grandchildren as often as women are; their grief is less exposed.

When an adult child estranges his or her parent (their average age, says Agllias, is 31), a single incident is rarely to blame. Rather, it follows a long period of emotional disconnection created by the slow accretion, year after year, of repeated hurts and grievances. It can take just one catalysing event to force a wellspring of previously suppressed anger to the surface – and the damage caused by the eruption can reverberate down families for generations.

“There’s often a ‘straw that broke the camel’s back’ moment,” agrees Agllias. “Parents can get stuck in the minor event that they perceive as causing the estrangement rather than the general deterioration of the relationship leading up to it.” This explains why they often have no clear understanding of what it is they’ve done wrong.

“There’s an assumption that they could repair the relationship if they just ‘tried a bit harder’. This is a loss that’s simply not recognised by society and, consequently, there are no rituals to mourn it.”

The differing perspectives are shown in twin studies published by Agllias in 2014 and 2015 in which she interviewed two unrelated groups: one of 25 mature-age estrangees and the other of 26 estranging adult children. Listing the reasons for their relationship breakdown, the children cite abuse – physical, sexual or emotional – poor parenting and betrayal. However, parents attributed their alienation to a choice their child had made between them and something or someone else; disparate values (perhaps relating to sexuality or gender identity); punishment for a perceived wrongdoing; and divorce.

Agllias’s participants also describe the awful emotional stamina that being estranged requires. At the same time as they feel physically cast out or pushed away by their child, they also feel emotionally drawn or pulled towards them, an exhausting seesaw that threatens their sanity. For some, the experience is cyclical: they hear nothing for months on end and then receive a phone call out of the blue, often asking for financial help. When the child goes to ground again, as often happens, the grieving begins again.

Carolyn*, 58, from Adelaide, says her daughter Rachel* chose her partner over her family. At first she was happy when Rachel introduced her new boyfriend to her parents and three siblings. He was a bit “rough around the edges”, Rachel told them, but she liked that about him.

“And he was,” says Carolyn. “You could tell he’d come from a family of hard knocks, which is no reason to dislike somebody. But over a few months, I could see he wasn’t right for her. He was tetchy, and could get angry very quickly.”

She worried for Rachel, then 30, who’d struggled with mental illness for much of her life. “As a teenager, she was anxious, didn’t like going into shops on her own,” says Carolyn. “I tried to get her to see someone, but she’s always been so suspicious of doctors. And she hated the psychiatrist I took her to see. She hides from the world, really. Our relationship could be fraught, but we always worked things out. As soon as this man came on the scene, though, she started to pull away from us, too.”

Her partner’s temper, often ignited by alcohol, became even more apparent when their son, Harry*, was born in December 2014. There were frightening episodes – like the night he came home drunk and drove into the back of Rachel’s car before catching her in a stranglehold and punching her. She was holding the baby at the time and he banged his head in the fracas. Rachel took out a protection order, banning her partner from entering the house they shared but, within weeks, was showing signs of relenting.

Shortly after Harry’s third birthday, Carolyn wrote a letter to Rachel, which she gave to her when she came to pick up the toddler from her mum’s house one afternoon. “I told her I was concerned,” says Carolyn quietly, her pale face illuminating my computer screen. “I told her Harry didn’t want to go back home to a dark house where the curtains were drawn all the time. He liked it here. I told her I wanted her to talk to someone about what was going on with her and Harry’s dad. It couldn’t go on. I told her she was loved very much, that I’d help her in whatever way I could and that if she didn’t want me to help her, I’d find someone else she could trust.”

One week later, Carolyn and her husband, Terry* (Rachel’s stepfather), received a letter from Rachel which they believed someone else helped her write, “because it didn’t sound like her”. In it, she told Carolyn to mind her own business – it was her life and she’d live it the way she saw fit. Carolyn was Harry’s grandmother, not his mother. She was having trouble disciplining him and it was her – Carolyn’s – fault. Later, in court documents, Rachel would accuse Carolyn of being a narcissist. It would be two-and-a-half years before Carolyn and Terry saw their daughter or their grandson again. By that stage, the man Rachel had chosen over her family would be in prison.

There have been many moments when Carolyn wondered whether she should ever have written that letter. But then she remembers a promise she made to a newborn baby. “I told Harry that I would always look out for him,” she says, delicately blowing her nose as her eyes fill with tears. “I made that promise because I think I knew that, at some point, it was all going to go pear-shaped.”

Carolyn says the estrangement feels like a living bereavement. “It does you in. And you can’t talk about something like this. People say, ‘You must be a bad mother; what did you do?’ And to be honest, you feel so fragile that you can’t deal with having to manage all that judgment against you. You’re already enough on the edge as it is.”

Little has been written about the way a child with a mental illness may increase the risk of estrangement, according to Dr Joshua Coleman, a California-based psychologist and author of Rules of Estrangement. “It creates many opportunities for mistakes and misunderstandings. Parents whose children are both estranged and suffer from mental illness live within layers upon layers of sadness, guilt, regret and grief.” He contends, though, that the breakdown of this family bond reflects a broader sweeping social change that has been under way for decades.

If the extended, multi-generational network that supported the family was the typical Western model during the 19th century, the smaller, more autonomous nuclear unit had become the embodiment of home-front harmony by the mid-20th. This new-found self-reliance brought with it a disengagement from institutions such as church, neighbourhood and community that had governed family practices for centuries and, in the vacuum, there arose a persistent focus on the individual’s needs and wants. With marriage no longer resembling a contractual obligation, the bonds grew more fragile and cracks started to appear in the foundations of the nuclear family.

“Now it’s the parent who seeks approval from the child – in large part because the relationship is likely to be the most enduring one the parent will have over the course of his or her lifetime.”

What followed were high divorce rates and the overturning of a basic tenet. “It used to be the child’s job to earn the parent’s respect,” Coleman says. “Now it’s the parent who seeks approval from the child – in large part because the relationship is likely to be the most enduring one the parent will have over the course of his or her lifetime. But nothing binds the parent to the child beyond the child wanting there to be a relationship. If that relationship, which now more closely resembles a friendship than a formal bond, ceases to feel good, it’s at a significantly higher risk of rupture.”

As a society, we’ve made the extended family extinct, yet still crave the connection it afforded. We search for it in a more finite source of emotional availability: our children. But that entitlement we feel to their availability is onerous to a generation that has grown up without a sense of familial responsibility.

If Millennials are, as some commentators suggest, the “therapy generation”, psychotherapy, warns Coleman, can actually widen inter-generational distance. Prior to the 1960s, he says, the aim of therapy was to encourage people to conform to the dictates of the time. Today, family members are often viewed as “facilitators of, or obstacles to, a fully realised life rather than necessary and forgivable features in an expectably imperfect existence”.

Complicating matters further is the fact that parents and adult kids aren’t speaking the same emotional language. When a parent says, “I don’t understand what I’ve done wrong”, it’s not because the child hasn’t told them, he goes on to explain: it’s because what they’ve been told doesn’t make sense to them in terms of how they think about the issues at stake. There’s a generational divide when it comes to interpreting what defines traumatising, abusive or neglectful behaviour. “A lot of my work is about teaching the parent to speak the same language as the adult child,” says Coleman, “because it’s typically the parent who seeks me out.”

Nick Haslam, a professor of psychology at the University of Melbourne, agrees. Thanks to something he calls “concept creep”, a disciplinary spanking meted out by a frazzled dad in 1985 may be rebranded as a traumatising memory of physical abuse by his “woke”, therapy-going offspring who has his psychologist on speed dial. Concept creep, writes Haslam, “encapsulates our modern-day appetite for an ever-increasing sensitivity to harm”. The definition of trauma is broader and more subjective than ever before, it seems, and our default emotional atmosphere is indignation, fury, resentment. This has raised the question of whether Millennials lack the resilience of earlier generations, their sensitivity encapsulated in the rise of the derogatory term “snowflake”, which made an early appearance in Chuck Palahniuk’s Fight Club.

In recent times, Barack Obama has declared empathy to be one of modern society’s most worrying deficits. Anne, a Queensland wife and estranged mother, agrees. Talking about her sadness to ABC Radio Brisbane in 2018, she said: “We walk away from problems too easily. Perhaps we all need to learn to communicate better: count to 10 and have more empathy and understanding for each other.” But empathy, as many adult children who’ve learnt to live with a visceral sense of loss know, is a two-way street. For them, the decision to move into an uncertain space beyond their parents’ influence is rarely made in the heat of an adolescent meltdown: it’s a desperate, scrabbling act of emotional survival.

“We walk away from problems too easily. Perhaps we all need to learn to communicate better: count to 10 and have more empathy and understanding for each other.”

In an interview with BBC Radio 4, Stand Alone’s Becca Bland, an only child, described the hurt and confusion she felt growing up with the knowledge that she had been an unwanted baby. “I was very much an accident,” said Bland, recalling her mother’s emotional distance. “My grandma, who was incredible, did a lot of the parenting.” When Bland, as a young adult, wrote a letter to her mother seeking a new direction for their relationship – “I’m the kind of person who articulates problems in the hope of solving them” – her mother made it clear that she had no interest in pursuing any kind of self-examination. Bland’s conflict-avoidant father was only too happy to fall in line with his wife. Bland sent an email to her parents every month for three years before finally abandoning any hope of reconciliation. “Now I can put my needs first rather than trying to fix things beyond my control. But, yes, I’m angry I didn’t get the mother I wanted.”

In an essay for the Arianna Huffington e-zine Thrive Global, published last year, Harriet Brown, the American author of Shadow Daughter: A Memoir of Estrangement, writes movingly of her decision to leave her parents’ house when she was a teenager and the judgment from aunts and uncles that followed. She was reminded that “you only get one mother” and “you’ll be sorry when she dies”. But Brown wondered, “Would I? … What I wanted to say was, ‘I’m sorry she’s so critical and mean. I’m sorry I spent so long feeling like a terrible person because she told me I was. I’m sorry I didn’t have a different mother.’ I wanted to say, ‘Her death won’t change a thing.’ ” Happily for Brown, history has not repeated itself: she enjoys a close, loving relationship with her two college-age daughters.

Estranged parents who are also grandparents carry a double burden. Not only are they deprived of the presence of their own child in their lives, but also their grandchildren. Rebecca*, from Orange in NSW, is 56, blonde and tanned with an open face and a ready smile. Her cheerfulness masks the horror of five years spent in family dispute resolution and federal court, trying to secure visitation rights to her two grandsons, who are six and five. Like them, she is a casualty of her adult son Oliver’s separation from his partner Chloe.

Oliver* and Chloe* were young when they met – she wasn’t yet 20 – but they quickly started a family. Rebecca’s first grandson was one year old and Chloe heavily pregnant with her second baby when Oliver confided in his mother that, after two years of trying, he couldn’t put up with his girlfriend’s controlling ways any longer. Not only had she forbidden him to remain in touch with any of his female friends on Facebook, she had banned him seeing or speaking to his parents and two younger siblings. And so Oliver would call Rebecca on his way to and from work, later deleting all evidence from his phone.

When the couple eventually separated, mediation proved pointless. Chloe refused Oliver’s request for supervised access to his two small sons and, in turn, launched a barrage of allegations about him that later court proceedings would show to be false. Chloe’s psychiatric evaluation suggested Cluster A and B personality disorders with narcissistic tendencies. “She had estranged her own parents when we first met her,” Rebecca tells me, “and I was worried about that at the time. She invited them back on the scene when she was pregnant with our first grandson, though, and that’s when she cut us off.”

Oliver and Rebecca have separately fought for and been granted visitation rights to the children. For a while, the arrangement appeared to be working but the minute the prospect of the children staying overnight, either with their father or paternal grandparents, arises, Chloe fails to keep her appointment to hand them over. “We’re meant to have them every second weekend,” says Rebecca, “but she won’t turn up. We haven’t seen them in almost a year now. It’s devastating. The hardest thing is when I see pictures of my sister taking her granddaughter shopping. I want to be able to do that, too. And we’re obviously very concerned about their welfare.”

Another court appearance is scheduled in a month. “It’s draining, emotionally and financially,” says Rebecca. So far, mother and son have spent $175,000. “You do what you have to do,” she says. “We were lucky to have some assets that we could start selling off.” She mentions a 1962 Mercedes-Benz Fintail – her husband’s pride and joy – and “a couple of horses and some cattle” from their farm. But there’s still no end in sight to the struggle.

“I’d love to be able to see the grandchildren and not have any issues with their mum or her parents but whether that will come to pass, I don’t know,” says Rebecca. “I try to remain positive. Maybe when the boys are older, we’ll be able to reconnect.”

Sandra Kelly is a consultant solicitor with Caboolture Law in Queensland, a battle-weary gladiator in the bloody arena of family law. “Family law proceedings aren’t for the faint of heart,” she warns. “You need to put your big-girl shoes on and have very deep pockets. Because of the rise in drug and alcohol abuse, I’m seeing more and more grandparents applying to the federal court circuit, whether it’s for a ‘spend time with’ order or a ‘live with’ order.”

Still, going to court should always be a last resort, she says. “It’s aggressive and expensive. I’ve had matters that have gone to $90,000 to $100,000 in fees over five years. People have to re-mortgage their homes. And it’s terrible for family relationships.”

All troubled families headed for litigation are obliged to try dispute resolution first. Kelly recommends engaging a private family dispute practitioner, preferably one who’s a lawyer or a barrister, since they’re expert in bringing all parties, even reluctant ones, to the table. In an ideal scenario, agreement will be brokered at this stage and the matter will go no further. But of course, all too often, it’s simply not enough.

At the beginning of this year, the Department of Child Protection found that there was significant risk of harm to Carolyn’s grandson Harry if he remained alone in his mother’s care. “They asked me if I would take him and I said yes,” says Carolyn. “They went and picked him up and brought him straight here. They knew he had a bedroom here and could walk straight in and be with family.” She adds sadly, “It was an awful day.”

With the court case she was pursuing to gain access to Harry now halted (Carolyn has already spent $10,000 of her super), authorities are looking at the possibility of Carolyn and Rachel being able to share Harry’s care under a reunification plan. Even though she hasn’t seen Rachel outside of a courtroom in nearly three years, Carolyn wants to give her daughter the opportunity to be there for her son – with all the necessary support in place that would take.

Meanwhile, she and Terry have become full-time carers to an energetic five-year-old. “We’re tired, but we love him very dearly and he enriches our life,” says Carolyn. “We’ll parent him for as long as we’re needed.” She likes to look at two photographs of Harry taken just months apart that show just how far he’s come this year. In the first, he’s hesitant and waif-like with dark circles under his eyes and looks uncertainly into the camera. In the second, he’s smiling with a confident gaze, his complexion rosy. “They say he’s ‘globally delayed’, ” says Carolyn, “which is a fancy way of saying he’s behind for his age but he’s already started to catch up. He’s bright and I’m not saying that because I’m his grandma.”

Three years ago, Rebecca in Orange in NSW opened a contact centre, a neutral space where parents who are navigating a difficult separation and don’t live with their children can spend safe, supervised time with them. Her company is currently helping about 30 families, six of them grandparents who are wanting to see their grandchildren. “I’ve had nights where I’ve cried myself to sleep but running this, being part of a solution, really helps,” she says. “Without us, a lot of our clients wouldn’t be able to see their children or grandchildren before going to trial, which could be a three-or four-year wait.”

And what of other parents foundering in the exhausting push-and-pull tides of estrangement, never quite able to attain closure while the possibility of reconciliation exists? How do they find their lifeline? Californian psychologist Joshua Coleman, who’s frank about the process he used to reconnect with his own estranged adult daughter after he remarried following a divorce from her mother, suggests emailing a “letter of amends” to the lost child. “The goal is to not create defensiveness,” he says. “As soon as you do that, the game’s over. Instead, find the kernel of truth in their accusation – and acknowledge it. Try not to explain. Don’t blame. Empathise.”

“The goal is to not create defensiveness. As soon as you do that, the game’s over. Instead, find the kernel of truth in their accusation – and acknowledge it. Try not to explain. Don’t blame. Empathise.”

Wait for six weeks, he says. If nothing comes back, send a follow up. Don’t assume that the door is closed forever – or, at least, not until a legal communication removes all doubt or your own sense of self-preservation tells you to bow out.

But what if you feel so hurt you just can’t stomach eating humble pie? “Get your anger handled before you reach out to your son or daughter,” he urges. “Call a friend. Write a furious letter to your child – and then burn it. Work out. Meditate. Just don’t get into it with them.” Remember that the adult child will always have more power to set the terms of the relationship because they’re more willing to walk away, he says.

Meanwhile, Maggie in Sydney continues to torment herself about a missed opportunity to make peace with her daughter Ellie. “She and I were in the car after my grandson’s birthday party last winter. She was driving me to the railway station for me to catch a train home when she said, ‘I know I was a difficult child, Mum.’

“Looking back, I realise I didn’t take the opportunity to say, ‘Well, I was a pretty difficult parent, too, at times.’ Now it’s gone. I dream about being back in my grandchildren’s lives, but I don’t see it happening. I just don’t know if I have it in me to ever trust her again.”

* Names have been changed.