Parenting Plans and Consent Orders are the two options for documentation of agreed care arrangements for children.
Custody Family Law
30 April 2020
Winning custody as a father: a case study
Family Law Case where a Father got custody and 70% of the assets As a family lawyer, I hear quite often from husbands and fathers going through the family law courts that “women always win” and “women always get the kids and most of the property”. Another gripe is that your ex-spouse will get half …
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Custody Family Dispute Resolution Family Law Laws on Children Parenting Orders
3 July 2019
Changing Parenting Orders – how to change a court order
Changing Parenting Orders – how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979) FLC 90-725. This case provides that where final …
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Custody Family Dispute Resolution Family Law Parenting Orders Separation
6 June 2019
Social Media and Family Law
Social media and family law: The impact on parenting proceedings One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for parents. Social media and family law is …
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Court Custody Parenting Orders
7 August 2018
Breach of Parenting Orders – Withholding Kids
So you finally got some court orders about your child’s right to spend time with you. But what happens when the other parent is withholding the children with excuses and parenting orders are breached? This was looked at in the recent case of Raki & Perez Varela (2018) Background of Raki v Perez case Parties …
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Appeals Contact Court Custody Divorce Family Law Laws on Children
30 May 2018
Parental Alienation: Change of custody when a parent alienates the other parent
Parental Alienation in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the father where the mother simply could not …
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Contact Court Custody Divorce Family Law Family Violence Laws on Children
25 August 2017
Can Recordings Be Used in Family Law Court?
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
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Contact Court Custody Divorce Family Law Intervention Orders Laws on Children Property
22 August 2017
Social Media in Family Law Court Cases
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for …
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Court Custody Family Law
8 August 2017
Moving abroad with child after divorce
If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don’t agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in parenting cases. In the recent case of a …
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Contact Court Custody Family Law Laws on Children Separation
1 August 2017
Child kidnapping cases in Australia family law
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’ which is normally a term applied to the …
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