Maintaining the ongoing involvement of both parents in a child’s life post-separation can be an extremely difficult and emotional process, especially where exacerbated by issues of drug use. A recent decision of the Federal Circuit Court of Australia has granted a...
In the wake of international focus on terrorist group, ISIS, Australian authorities have been placed on high alert after a social media campaign was posted by the group encouraging the recruitment of child brides for its members in Syria. A 14 year-old girl was...
Recent cuts in funding for Victoria Legal Aid have had a significant impact in the field of family law. As a result of the limited resources available, many parties involved in child custody battles have had to endure the traumatic experience of representing...
A recent Australian study into the dynamics of couples post-separation has disabused a commonly held misconception that the separation process is always one tainted by animosity, legal proceedings and endless squabble. The study reveals that separating couples are...
Henrietta Cook reports that not-for-profit organisation, Safe Futures Foundation, is trialling new safety measures with a handful of domestic violence victims throughout Melbourne. The trial sees victims equipped with duress alarms and the installation of CCTV cameras...
In a Parramatta Federal Circuit Court case, the court ordered a father who had been diagnosed with Asperger’s syndrome, to have only day time access to his two children aged 11 and nine between the hours of one in 5 PM. The mother was given sole parental...
The court has power to stop a third person being present during a parent’s time with a child. A Family Court Judge did so in the case of Gardiner & Rivers [2014] FCCA 76, when it stopped the father from permitting his new de facto spouse being present at his time...
There is a significant risk if a party makes a false representation as to assets, that a BFA was voidable at the election of the party relying on the false representation and was set aside. In the case of Adame & Adame [2014] FCCA 42, the Federal Circuit Court of...
This issue was recently discussed in Doherty [2014] FamCAFC 20. The answer is that it can. This will depend on the ability of the parties to cooperate with one another and make decisions jointly. If you are contemplating the division of parental responsibility and...
The Federal Court of Australia yesterday handed down a record $500k award in compensation to a former accountant who was repeatedly subjected to sexual harassment by a fellow colleague over a five year period. The ongoing harassment included vulgar suggestions of...
Victoria Police, VicHealth and the Australian Institute of Criminology report the following facts on domestic violence: Reports of family violence to Victoria Police rose from 35,600 in 2009/10 to 65,400 in 2013/14 Family violence is the primary contributor to...
The Family Court has determined that whether parties are in a de-facto relationship must be considered on a case by case basis. The Family Law Act requires that parties must have a relationship as a couple “living together on genuine domestic basis”. In a...
