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Tag Archives | De Facto
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 […]
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 […]
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 […]
Spousal maintenance child support departure
Spousal maintenance – Child support departure – Departure application was determined first – Administrative assessment departed from so as to add payment of school fees by husband – Order for interim spousal maintenance In Anderson [2014] FamCA 766 (16 September 2014) Macmillan J heard the wife’ s applications for interim spousal maintenance and departure from […]
Sex worker refused property settlement failed to establish defacto relationship
Property – De facto thresholds – Standard of proof – Sex worker who began relationship with client failed to establish the existence of a de facto relationship – Had she done so a property order would not have been just and equitable per Stanford – No financial interdependence or children, nor evidence that she gave […]
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 […]
