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? […]
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 […]
Children – Full Court considers whether an order made at an interim hearing for the enrolment of a child in a school was interim or final – Procedural fairness. Parents often get caught up in the conflict and forget that their child/ren still require them to act as parents having regard to their best interests. […]
Communication is the key factor in ensuring the workability of parenting orders especially in regards to sharing parental responsibility. Most parents consider that when making long terms decisions about children when separated that they should both be involved or included. It is a presumption (a rebutable one) under Section 61 of the Family Law Act […]
