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Eldest children returned to the father after mother decides to move 1300km away permanently.

Tag Archives | Moama Family Law

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Court overturns Financial Agreement signed 2 days before marriage

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 […]

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Spousal maintenance

Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust – Capital of a trust not “sacrosanct” and can be applied to meet a spousal maintenance order In Noble [2014] FCCA 421 (7 March 2014) Judge […]

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Unsubstantiated allegation of child sexual abuse leeds to overnight time

Many matters that come before the court and practitioners in general contain unsubstantiated allegations of one thing or another. It is important for parents to put aside differences and consider the children and what is in their best interests. Section 60CC of the Family Law Act outlines considerations the court ponders when approaching children’s matters. […]

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