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Benefit to the children of a meaningful relationship

The benefit to the children of a meaningful relationship with both parents – a prospective approach The preferred interpretation of ‘benefit to a child…
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Reforms for the Family Law Courts

Reforms for the Family Law Courts Queensland Law Society president Ken Taylor on Wednesday 30 May 2018 said he stood with the Law Council…
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Child support applications of both parents dismissed

Child support applications of both parents dismissed Application for departure – Competing applications for departure from the current child support assessment the father is…
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Meaningful relationship with father causes emotional harm

Meaningful relationship with father would cause risk of emotional harm to children Meaningful relationship Everyone is now in Court. I will order, consistently with…
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Re-interviews of children not in their best interests

Re-interviews of children not in their best interests 15. In this matter, the children have attended a number of examinations with experts and counsellors….
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Drawdowns on mortgage for child support and legal fees added back

Drawdowns on mortgage for child support and legal fees added back Drawdowns The third position however is more disconcerting. Disclosure by the applicant of…
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Costs ordered against mother for witness failure

Costs ordered against mother for witness failure Costs Section 117 of the Act sets out the default position that each party bears their own costs,…
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Relationship with father would not benefit children

Relationship with father would not benefit children Relationship This matter has not been interpreted to mean that there is a presumption that children do…
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Fiercely protective mother makes concessions at trial

Fiercely protective mother makes concessions at trial The history of the litigation would suggest that the mother considers that the father presents as a…
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Disclosures lead to risk findings 

Disclosures lead to risk findings From the period commencing about September 2016 until a disclosure was made, the mother says, under oath on 8…
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Adoption approved for 14 year old girl and step-father

Adoption approved for 14 year old girl and step-father The child B was born in 2004. She is now 14 years of age. Her…
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BRISBANE CASE MANAGEMENT INITIATIVE

BRISBANE CASE MANAGEMENT INITIATIVE Brisbane Federal Circuit Court is conducting a trial of a new way of managing cases in its Brisbane registry from…
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Vacant possession and control of sale given to Wife

Vacant possession and control of sale given to Wife As opined by Watts J in Moroni & Moroni [2014] FamCA 664: The notion of a “level…
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Interim property settlement principles

Interim property settlement principles The principles as to applications for interim property provision are well settled, (Strahan & Strahan [2009] FamCAFC 166) and require a two-step…
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Maternal grandparents application to have a relationship with child fails

Maternal grandparents application to have a relationship with child fails Family Report The Family Reporter recorded a number of concerns expressed by the parents…
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Impecunious litigant fails to avoid a costs order

Impecunious litigant fails to avoid a costs order The application for costs falls to be determined according to the provisions of s 117(2A) of the Family Law…
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Payment of Mediator’s Cancellation Fee

Payment of the Mediator’s Cancellation Fee By Orders made by consent on 17 August 2017, the parties were to attend mediation prior to 15…
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Overseas travel denied despite illness

Overseas travel denied despite illness The mother’s counsel conceded that the Affidavit filed 16 January 2018 in support of the Application in a Case…
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Australian Taxation Office and Wife v Husband

Australian Taxation Office and Wife v Husband The wife has two apparent grounds. In respect of the first, she must ultimately point to evidence…
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Hague Convention application fails – UK was not the “habitual residence”

Hague Convention application fails – UK was not the “habitual residence” Concluding observations and further findings I accept that it is more likely than not…
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Intervention by lawyers for non-participant party for payment of legal fees

Intervention by lawyers for non-participant party for payment of legal fees K Lawyers (“the intervenor”) seeks the payment of $31,499.97 from the wife’s settlement…
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Assumptions by doctor undermine evidence of sexual abuse

Assumptions by doctor undermine evidence of sexual abuse Dr G, the child’s General Practitioner, acknowledged during her cross-examination on the last day of the…
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Wedding plans – are these in the child’s best interests?

Wedding plans – are these in the child’s best interests? PARENTING CONSIDERATIONS The issue between the parties is narrow. Nonetheless, I still have regard…
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“Coupledom” factors necessary to prove a de facto relationship

“Coupledom” factors necessary to prove a de facto relationship When were the parties in a de facto relationship? The parties dispute when their relationship…
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