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...
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...
Whether a non-custodial parent, usually the Father, is able or should have overnight time presents very great problems for separated couples with very young children. It is advisable for parties considering such a move to get advice from a family lawyer or a child...
This is a more common issue being pursued more commonly in the courts. Separated parents with children subject to time arrangements must understand that if they want to move from their existing premises, they must discuss this with the other parent and seek their...
This is a difficult area of law. Under severe circumstances parents will be denied the right to communicate with their child. This is best demonstrated in the case of Tate & Ralph [2012] FMCAfam 279 (4 May 2012), in which a father was denied the right to spend...
