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Refinancing evidence necessary to convince court that party should keep house

Refinancing evidence necessary to convince court that party should keep house Analysis The wife wishes very strongly indeed to retain the Suburb D property for the benefit…
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Re Matthew: Stage 3 Gender Dysphoria treatment does not require Court approval

Re Matthew: Stage 3 Gender Dysphoria treatment does not require Court approval Where a child has been diagnosed with Gender Dysphoria; where a child…
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PETS ARE PROPERTY IN FAMILY LAW

PETS ARE PROPERTY IN FAMILY LAW THE DOG In his affidavit filed 1 February 2018 which ran to 52 paragraphs, the applicant devoted 22…
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Bigamy referral to the Public Prosecutor by the Family Court

Bigamy referral to the Public Prosecutor by the Family Court The parties married in mid 2017. The wife’s marriage to Mr D was dissolved…
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Property settlement is not a “compensation claim”

Property settlement is not a “compensation claim” Conclusion as to Adjustment As has been said, property adjustment proceedings are not the Court’s chance to…
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Genuine desire to relocate and impact on children

Genuine desire to relocate and impact on children Findings as to the Facts Despite some residual bitterness on the part of the mother (“he…
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Mutual commitment to a shared life not found

Mutual commitment to a shared life not found When it was put to her that she had begun referring to Mr Medved as her…
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Repayment of child support by Mother to Father

Repayment of child support by Mother to Father I now turn my mind to the disputed evidence and a consideration of the matters set…
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The Adoption Pathway in Queensland and its interaction with the Family Law Act

The Adoption Pathway in Queensland and its interaction with the Family Law Act In Queensland, the adoption of children is governed by the Adoption Act…
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UNACCEPTABLE RISK OF HARM – NO FURTHER CONTACT BETWEEN PARENT AND CHILD

UNACCEPTABLE RISK OF HARM – NO FURTHER CONTACT BETWEEN PARENT AND CHILD I do not find it necessary to make a finding as to…
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INTERIM COSTS AND “DOLLAR FOR DOLLAR” ORDERS

INTERIM COSTS AND “DOLLAR FOR DOLLAR” ORDERS The wife seeks an order that the husband pay $60,000 in a lump sum into the trust…
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SOLE OCCUPATION OF THE FORMER MATRIMONIAL HOME

SOLE OCCUPATION OF THE FORMER MATRIMONIAL HOME The wife seeks an order that the husband vacate the former matrimonial home, which is the main…
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Parenting styles, values and changes

Parenting styles, values and changes It was clear from practitioners’ discussions that different parenting values and styles were inherent in disputes about children. Professionals…
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Unresolved personal/relationship issues and relationship history

Unresolved personal/relationship issues and relationship history One professional commented that in cases where there is protracted conflict between the former partners there was usually:…
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The nature of the separation: Who ended the relationship and was there a third party?

The nature of the separation: Who ended the relationship and was there a third party? The nature of a separation was seen as a…
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Costs – what is the price of a “just and equitable” resolution by a Court?

Costs – what is the price of a “just and equitable” resolution by a Court? Civil litigation in other superior courts of record must…
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Belief that the Court “got it wrong” is no defence to a contravention application

Belief that the Court “got it wrong” is no defence to a contravention application In the decision of Gaunt & Gaunt (1978) FLC 90-468 the Full Court…
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The interim hearing stage and family violence

The interim hearing stage and family violence The interim hearing stage is a critical time for families where there is family violence and often…
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Family and other expert reports

Family and other expert reports Family and other expert reports can provide the Court with an independent forensic assessment of particular issues. Commonly these…
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Vulnerable witnesses and managing the courtroom

Vulnerable witnesses and managing the courtroom Victims of family violence are often traumatised and vulnerable witnesses. To ensure parties are afforded fair and equal…
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Case conduct by decision maker and family violence

Case conduct by decision maker and family violence In every case, the decision maker MUST: In performing duties and exercising powers in relation to…
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Case conduct by parties and family violence

Case conduct by parties and family violence In every case, a party or parties MUST: If a party to proceedings is aware a family…
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Statutory framework and parental responsibility

Statutory framework and parental responsibility Orders concerning parental responsibility, with whom a child will live and with whom a child will spend time (and…
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How is abuse defined in the Family Law Act?

How is abuse defined in the Family Law Act? The definition of ‘abuse’ in the FLA was amended and came into effect on 7…
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