De facto relationship found to exist between 2001 and 2012, where de facto husband alleged that separation occurred in 2002 – No common residence or joint bank accounts – Parties engaged in a mock wedding reception and had a child together In Clark & Ors [2014] FCCA 234 (11 March 2014) Judge Burchardt considered a […]
For shared care arrangements to work, there has to be very good communication between the parents. If communication is haphazard between the parents and ongoing conflict then a shared care regime would simply not work. The children should not be subjected to the difficulties and conflict that often presents itself when parents are hostile to […]
Like all tug of wars, the one in the middle, whatever it may be suffers the most. The research suggests that in order for a shared care arrangement to work the parents must be able to effectively communicate and resolve difficulties that may and will arise from time to time. Parents often forget about the […]
Children – Interim hearing – Contested allegations of family violence –Father’s prior conviction for two serious assaults on mother – ICL supported supervised time – Father to spend no supervised or other time with 2 year old child due to risk of psychological harm to child In Churchill & Wileman [2014] FCCA 1047 (10 April […]
Court sets aside s 90B agreement where it was signed 2 days before the wedding – Duress, undue influence and unconscionable conduct established In the case of Parkes [2014] FCCA 102 (24 January 2014) Judge Phipps considered a s 90B financial agreement where the wife accepted “that all the relevant requirements under [Part VIIIA] were […]
Children – Court not satisfied that sexual abuse occurred but where mother’s belief of risk was reasonably held – No time to the father – Anxiety of the mother considered In Starkey (No. 2) [2013] FamCA 977 (13 December 2013) Dawe J considered a Magellan list matter involving two children, a 10 year old and […]
Many matters that come before the court and practitioners in general contain unsubstantiated allegations of one thing or another. It is important for parents to put aside differences and consider the children and what is in their best interests. Section 60CC of the Family Law Act outlines considerations the court ponders when approaching children’s matters. […]
In Richards & Parsons [2013] FamCAFC 74 (7 May 2013) the mother was twice assaulted by the father during a seven month cohabitation in Canberra. The father was in both cases charged, convicted and sentenced respectively to a good behaviour bond and to three months’ imprisonment whereupon the mother separated from him. A child was […]
Children – Evidence Act 1995 (Cth) to apply in the “exceptional circumstances” of alleged sexual abuse of a child under s 69ZT(3) In Garman & Jackson [2013] FamCA 54 (21 February 2013) the father sought an order that the evidence at trial be governed by the rules as to hearsay evidence and generally of the […]
