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 […]
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 […]
Unilateral relocation interstate for urgent medical treatment for mother who then decided to stay away permanently. How devastating it is for the parent who find that the other parent decides to move without consent 1300km away and take the children. Don’t parents think of the impact separating children from the other parent has on them? […]
Court sets aside s 90B agreement where it was signed 2 days before the wedding – Duress, undue influence and unconscionable conduct established In the case of Parkes [2014] FCCA 102 (24 January 2014) Judge Phipps considered a s 90B financial agreement where the wife accepted “that all the relevant requirements under [Part VIIIA] were […]
Children – Court not satisfied that sexual abuse occurred but where mother’s belief of risk was reasonably held – No time to the father – Anxiety of the mother considered In Starkey (No. 2) [2013] FamCA 977 (13 December 2013) Dawe J considered a Magellan list matter involving two children, a 10 year old and […]
