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 […]
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 […]
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?? 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 […]
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 […]
Family Violence Part 1 Family Violence Part 2
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 […]
In Hoffman [2014] FamCAFC 92 (27 May 2014) the Full Court (Faulks DCJ, Murphy and Watts JJ) considered an appeal by a litigant in person where Brewster FM (as his Honour then was) divided a pool of almost $10 million equally after a 36 year cohabitation (para 1). The husband contended that “his contributions should […]
