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...
