What are the new laws about children? Changes to ’the Family Law Act 1975′ made in 2006 include: The introduction of a new presumption of shared parental responsibility A new way for the court to determine what is in the best interests of a child A focus on parenting plans to reach agreement over children without having …
Family Violence Custody custody disputes Family Dispute Resolution Family Law
13 December 2022
Family Court supervised visits -resented by father and stopped then resumed
In the case of Samad & Haider [2022] FedCFamC2F 1256 (16 September 2022) the father was found to have a sense of entitlement in resenting the fact that his contact with his child was ordered to be supervised. Background The mother and father married in an Islamic religious ceremony in 2019 and had a short …
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Parenting Orders Custody Family Law parental involvement
27 April 2022
Parenting Plans and Consent Orders – What’s the Difference?
Parenting Plans and Consent Orders are the two options for documentation of agreed care arrangements for children.
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Family Law Custody custody disputes custody evaluation
25 January 2022
Reversal of Custody Where Father Wrongly Accused of Sexual Abuse
Reversal of Custody Where Father Wrongly Accused of Sexual Abuse – A Case Study Let’s take a look at a recent case where a father was wrongly accused of sexual abuse from the mother, and what the ultimate outcome came to be. Father accused of sexually abusing his children In the case of Syms & …
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Custody custody disputes Divorce Family Law Parenting Orders
14 August 2020
What factors determine equal custody of children: A case study
A Family Law Case where the nature of the parents relationship and conflict generally make it hard to get equal custody arrangements Although there are many applications by fathers to get equal custody arrangements put in place with their children, even after mothers have already had interim or long- term primary care, there are some …
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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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