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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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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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