Contact – Can Mean Many Things
A Judge of the Family Court considered many options before issuing orders for limited contact for a father of a young boy. In setting out the reasons for his final decision, the Judge said he relied on...
View ArticleSpeak No Evil….Write No Evil
A judge in the Family Court was recently very specific about what he saw as the responsibility of the mother to advise the father in writing about decisions relating to their child. In granting the...
View ArticleOvernight Stays my not be in thechilds best interest
While a shared parenting arrangement may seem to be working for both parents, it may not necessarily be so for very young children, according to the Australian Association for Infant Mental Health....
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Immunisation Not The Only ‘Needle’
A case before the Family Court highlighted the philosophical differences between two parents and the effect this had on their child and the dispute over the raising of the child. The most obvious...
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Relocation Sydney Or The Bush….Well Melbourne Actually
Relocation in best interests of a child A woman who had considered a relocation from Sydney to Melbourne was ordered by a Judge of the Family Court to relinquish the children and it was directed that...
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Without Being Too Particular…
Children’s orders – Rachel Stubbs & Associates Children’s Orders A Judge in the Family Court was required to make orders in a case where the father spent time out of Australia. In granting the...
View ArticleCosts In Relation To The Question Of Whether There Had Been A Defacto...
In a recent case, Mr H, the alleged de facto husband, initially argued as to the existence or the validity of the defacto relationship between he and Ms W (the alleged defacto wife). The Court...
View ArticleFamily Law Council Looks Into Issues on Family Surrogacy and Parentage
The Family Law Council is looking into the manner in which issues or problems surrounding surrogacy and family formation are dealt with by the Family Law Act 1975. Commonwealth Attorney-General Nicola...
View ArticleParenting Capacity Assessment — Its Role in Child Protection Matters
Parents play a very important role in helping children develop to their full potential, shaping them into responsible, positive, productive members of the community. But before that can happen,...
View ArticleCourt Orders Parents to Refrain from Smacking Child with ADHD
Is corporal punishment effective? Does it really help to deter “undesirable” behaviour from children? A recent case involved parents fighting over the custody of their eight year old daughter. The...
View ArticleSometimes One Into Four Won’t Go…Easily
A recent case in the Family Court centred mainly on where one of four children should reside. The issue had been an ongoing one for some time and changes had occurred in that time. The parents began an...
View ArticleMarriage? – Well It Just Seemed Like It
An application filed in the Family Court recently sought a declaration from the court that a marriage entered into by a man and a woman in February 2011 was valid and properly solemnised for the...
View ArticleParenting Can Be A Great Joy- Or A Great Sorrow
The extent of the antipathy that can exist between parents was highlighted in a parenting recent case before the Family Court. Basically the father exhibited great concern for, and interest in, his two...
View ArticleSometimes You Can Serve Two Masters..At Different Times Anyway
A Judge in the Family Court was recently asked in a case involving property settlements to rule on whether the solicitor acting for the woman involved should be allowed to continue to represent her...
View ArticleChildren’s Representation – The Right to Representation
Children’s Representation In 2010, four young girls aged 9 to 15 together with their mother, left their home in Italy for a vacation on Queensland’s Sunshine Coast, Australia. However, the mother...
View ArticleChildrens Representation – Children’s Right to be Heard
The United Nations Convention on the Rights of the Child recognizes the right to Childrens Representation : To have and express a view To have those views respected, considered and taken seriously The...
View ArticleChildren’s Representation: The Best Interests Principle
In Australia, the right to Children’s Representation is based mainly on the ‘best interests’ principle, where a person known an ‘independent children’s lawyer’ is appointed by a court so that the best...
View ArticleMeaningful relationship – Even Solomon In All His Wisdom……….
A matter of long standing took another step towards resolution in the Family Court recently. The Judge commented that the matter had been outstanding in the Federal Magistrates Court and now the Family...
View ArticleParenting – Well, He’s A Seven Year Old Boy!
A judge’s exclamation regarding evidence before him would seem to have a somewhat exasperated tone, and well it might. Parenting a seven year old The case involved the Parenting arrangements being...
View ArticleRecovery Order – Family Court Seeks Recovery of Abducted Four Year Old Girl
In October 2012, after winning a family law case, the father of a four-year-old girl obtained an order from the Family Court to have his daughter live with him. The father’s excitement about his court...
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