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 …
Laws on Children Family Violence
4 July 2022
WHAT IS AN UNACCEPTABLE RISK OF HARM TO A CHILD?
Case Summary – Willmore and Menendez The case of Willmore and Menendez was an appeal brought by the mother of a decision in which the judge found that the mother posed an unacceptable risk of emotional and psychological harm to a child, aged six. The primary judge ordered that the father have sole parental responsibility, …
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Family Violence
9 October 2020
Family violence in Family Law cases
Family Violence in Family Law cases When it comes to family violence, the Court takes these allegations seriously. When making parenting orders, the Court will consider the best interests of the child. The Family Law Act prioritises the safety of children in parenting matters by giving higher priority to the protection of children from harm …
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Contact Family Law Family Violence Laws on Children Relocation of Children Residence
2 July 2018
Wanting to relocate with children? Relocation of children cases
Are you wanting to relocate with children? How hard is it to relocate children overseas when the other parent opposes? When the courts consider cases on relocation of children, there is usually an extraordinary reason behind the application. However, in the case of Ellis & Murphy [2018] FamCA 468 (22 June 2018) the main reason …
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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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Court Family Law Family Violence
16 October 2014
Appealing an intervention order
Can a family violence intervention order be appealed? If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision but you need to ensure that this is done within 30 days of the Intervention Order or dismissal of …
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Family Violence Intervention Orders Laws on Children Separation
4 April 2014
Intervention orders – what to do if you are served with one
Intervention Orders – What to do if you are served with one Breaching an intervention order is a criminal offense, with a maximum penalty of 2 years imprisonment or a fine up to $24,000, or both Many intervention order matters will arise out of a related assault (or other) charge, a family law matter or …
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Custody Family Violence Finance Laws on Children Prenups Property Refinancing Relocation of Children Separation
19 March 2014
The 8 myths of separation
The top 8 myths of separation Many of our clients come to see us with incorrect assumptions about their rights, and their ex- spouse’s rights after separation. To help you understand the process, we have put together a list of the top 8 myths of separation with answers: Myth 1. “If I move out I …
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Contact Custody Family Violence Laws on Children Relocation of Children
19 March 2014
How family violence impacts on family law rights
Legal principles applying to family violence: The family law presumption of “equal shared parental responsibility”, does not apply in cases where there is child abuse or family violence The requirement that people attend mediation does not apply if there is family violence or abuse A fear or apprehension of family violence must be “reasonable” A …
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