Tag Archives | custody
Covid – 19 Pandemic and how the court views spend tiome arrangements!
Judges have a difficult job of having to decide matters during these interesting times where obstacles are placed in the way of, or the addition of another layer of consideration to what constitutes best interest principles during COVID-19 restrictions. The primary consideration of the Family Law Act 1975 and overriding objective when it comes to […]
Secretly taking Video or audio recordings – is it admissible as evidence in Court?
Judge Heffernan in the matter of Coulter & Coulter (No. 2) [2019] FCCA 1290 (15 May 2019) heard an application of the father to exclude video recordings made by the mother of the father when he attended her home for hand overs of the children and two audio recordings of conversations between the father and […]
WHAT ARE THE IMPACTS ON CHILDREN OF PARENTAL ALIENATION? Part 2
WHAT ARE THE IMPACTS ON CHILDREN OF PARENTAL ALIENATION? PART 2 Children who are exposed to PA suffer in a variety of general as well as specific ways from parental alienation. It will often have both temporary and lasting effects on their lives. This is obviously not the intention of the alienator but it is […]
TRIAL JUDGE ERRED IN HOLDING THAT IT WAS JUST AND EQUITABLE TO SPLIT PROPERTY FOR COUPLE SEPARATED YET LIVING UNDER SAME ROOF
Separating property after a separation is often tricky and an emotional occasion as it brings about the realisation that the relationship is really over and there’s no turning back. In this case – the parties lived together although separated for quite some time – Wife bought land five years after parties separated their finances – […]
Equal time sought by shift working father!
Equal time sought by shift working father dismissed as it was neither in the child’s best interests nor reasonably practicable – Order made for significant and substantial time, commencement of which to be based on father’s work roster In Marchand & Mahony [2017] FCWA 67 (6 June 2017) O’Brien J of the Family Court of […]
Court allows mother to relocate with children from North Queensland to Brisbane against family consultants recommendations.
Relocating from one place to another with children are not easy cases to consider. All avenues must be canvassed to ascertain the effects on the children being able to maintain the rights open to them as defined by the Family Law Act. Namely, that children have a right to a meaningful relationship with both parents. […]
Is it wise to separate siblings following a relationship breakdown?
Splitting or Separating Siblings when a Relationship Breakdown Many parents in deciding custody or time spent arrangements of the children often ponder if they should divide the children between them? This article will give you insights into the idea of separating siblings and why it is not the best idea or in the best interests of the children. Many times […]
How Important are Affidavits in Family Law
The importance of Affidavits in Family Law proceedings. It cannot be stressed enough how important or crucial to the presentation of a strong case a good and well prepared affidavit is in family law proceedings. An affidavit is a sworn or affirmed document which contains the primary evidence of which ones case is based. Family […]
The child came first in this matter…. mum had not seen her daughter for 5 years
The child came first in this matter…. It is often the case that children are hard done by when parents and extended family members go to some lengths to stop the other parent from seeing and/or spending time with a child. This case is about a mother who after having her second child struggled to […]
