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 […]
Tag Archives | Family Law Swan Hill
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 […]
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 […]
Income changes to child support assessments
The Child Support Agency published the following media release on 19 July 2010. View it online at http://www.csa.gov.au/media/csamediarelease.aspx?ArticleID=938 Separated parents will notice additional types of income are being included in their new child support assessments. Legislative changes, introduced 1 July 2009, mean parents’ adjusted taxable incomes for the 2009-2010 financial year now include reportable superannuation […]
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 […]
