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 […]
Tag Archives | custody
Father to spend NO time with children due to safety concerns mother took children into hiding
Children – Mother took children into hiding, fearing that the father posed a threat to their lives – Court agreed there “was no safe alternative” – Order made that father spend no time with the children – Suppression order made as to mother’s address – Father allowed to correspond with the children (to facilitate any […]
Binding Child Support Agreement set aside due to change in care arrangements
Child support – Effect of “dramatic” change of care arrangement on a binding child support agreement – Agreement set aside under s 136(2) of the Child Support (Assessment) Act – Whether change of legislation amounts to “exceptional circumstances” In Cheyne & Masters & Anor (SSAT Appeal) [2014] FCCA 856 (19 May 2014) Judge Terry considered […]
Order for supervision of fathers time set aside due to inconsistencies
Children – Order for supervision of father’s time with child set aside – Trial judge erred in making order without assessing risk and what would be required from a supervisor – Further error by failure to explain why a supervisor was found suitable for one location but not others In Garraghan & Westerfield (No. 2) […]
How does separation affect your kids?
How does Separation affect your Kids?? You may be surprised. Children are often forgotten in the circle of conflict that parents often find themselves in, the children witness and feel all the effects of your conflict. They love both parents not one over the other and will often say what you want to hear so […]
Defacto husband tries to avoid financial commitments by denying relationship. Why would you do that?
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 […]
Is it in young childrens best interest to be in a shared care arrangement?
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 […]
Dealing with Family Violence a useful video clipFamily Violence Part 1 Family Violence Part 2
Family Violence Part 1 Family Violence Part 2
Does the court change from equal time for the childrens best interest to be served?
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 […]
No time ordered with father. psychological impact on child considered
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 […]
