Tag Archives | Equal Shared Parental Responsibility
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 […]
You may not realise this fact, it is a scary thought, but did you know… You Parent as You Were Parented!
PARENTING #101 You may not realise this fact, it is a scary thought, but did you know… You Parent as You Were Parented! Oh, my goodness, do I really parent as I was parented? What a really, really scary thought! The trust is You will tend to parent as you were parented. Now scream and get it out. That’s right, and a little […]
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 […]
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) […]
