After two years of court proceedings, a woman who won $6 million in a lottery can now enjoy the entirety of her winnings in peace. The woman’s ex-husband – with whom she was married for 20 years before their separation in 2008 – attempted to claim a piece of the pie...
In a recent decision of the Federal Circuit Court of Australia, a father has been granted monthly supervised visits with his three-year-old daughter with whom he was estranged. The Mother and the Father (who have never been married and separated prior to the child’s...
It can prove difficult to find additional time and financial resources to accommodate the company of children during school holidays. A recent UK study of 2,000 parents indicated that women, more so than men, found the school holiday period particularly stressful. The...
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...
