August 10, 2017
relocation family law

Child Custody Laws: Can a New Relationship and Dire Financial Circumstances Justify Re-Litigating a Parenting Matter?

Child Custody Laws: The Rule in Rice v Asplund Viewed in the Context of a Subsequent Re-Location Application Under s 64B of the Family Law Act, […]
July 12, 2017
Child Emotional Abuse

Child Emotional Abuse May Justify a Change in Residence in Family Law Proceedings

Child Emotional Abuse: Managing the Risk Allegations of violence or child abuse often raise issues of whether the child would be exposed to an unacceptable risk […]
July 7, 2017
Divorce Settlement With Children

The Child’s Views: Are They Conclusive Evidence of the Child’s Best Interests?

Child’s Best Interests: Are They Merely a Reflect of the Child’s Views? The best interests of the chil are the paramount consideration when making parenting orders. […]
July 2, 2017
Supervised Visitation

Supervised Visitation: When Might It Be Implemented on a Long Term Basis?

Supervised Visitation: A Long-Term Solution? Betros & Betros [2017] FamCAFC 90 is recent decision of the Full Court wherein the appellant father appealed from the trial […]
March 27, 2017
Divorce Settlement Advice:

Is a Child at Risk of Harm by Coming Into Contact With a Person Who Has a History of Serious Criminal Conduct?

Introduction Does the mere fact that a person with whom the child lives has a criminal record relating to serious offences expose the child to an […]
March 23, 2017
Property in Divorce Settlement

Child Relocation: When Is It in the Child’s Best Interests?

Under What Circumstances Might a Party to a Parenting Dispute Be Permitted to Relocate With Their Child? As mentioned elsewhere on this blog, relocation matters do […]
March 20, 2017
Expert Witness

Assessing the Evidence of an Expert Witness in Parenting Proceedings: The Full Court Decision of Reeves & Grinter [2017] FamCAFC 19

What Is the Role of an Expert Witness in Parenting Proceedings? Reeves & Grinter [2017] FamCAFC 19 is a recent decision of the Full Court involving […]
March 19, 2017
child neglect

Child Neglect and Inadequate Parental Supervision: Can These Factors Be Mitigated by the Child’s Primary Attachment to the Perpetrator?

Child Neglect: Weighing the Evidence In formulating orders that reflect the child’s best interests, trial judges have a broad discretion concerning the weight they attribute to […]
March 18, 2017
children's rights

Children’s Rights: Protecting the Child From Physical and Psychological Harm in Family Law Proceedings

Children’s Rights Under the Family Law Act: Protection From Harm The child’s best interests are the paramount consideration in determining an application for parentings orders. Ascertaining […]
March 17, 2017
international relocation family law

International Relocation Family Law: Preserving the Child’s Relationships

International Relocation Family Law: Not a Special Category of Case As pointed out in a previous blog post, relocation matters do not constitute a special category […]
March 15, 2017
relocation family law

Intrastate Relocation Under the Family Law Act: The Latest Case From the Full Court (2017)

Do relocation cases constitute a special category of parenting dispute? Relocation matters are not a distinct category of case. They are determined by the same legal […]
February 27, 2017
child abuse

Child abuse and how it is dealt with by courts in the context of an interim hearing

Allegations of Child Abuse: How Much Weight do They Deserve? In Ridley & Radford [2016] FCCA 3383, the respondent had unilaterally re-located from Brisbane to Northern […]