Family Law

Can my ex decide on my child’s COVID-19 vaccination status?

Regional Victoria’s recent case, Karcher v Lacoss, Judge O’Shannessy made orders providing for the father to have sole parental responsibility for COVID-19 vaccinations and other vaccinations of their child. The questions raised at the interim defended hearing were...

In Australia, who gets custody of the children?

In Australia, who gets custody of the children? There is no such thing as father’s rights or mother’s rights in parenting arrangements under the Family Law Act. The only right considered by the Family Law Act is the child’s rights. Despite this, you may be asking...

How is property split in a separation?

If you are looking for a lawyer to advise you on how property is split in a separation in Australia, we have the answer to those questions on the below link (See ‘How Does the Court Divide Property’). Each case, however, is quite different and lawyers rely...

Can infidelity affect child custody arrangements?

Can infidelity affect child custody arrangements? Infidelity can create a lot of animosity and resentment between parties. The question is, is it ever relevant to child custody arrangements? Infidelity will rarely affect child custody orders or arrangements. In...

Can I get my child vaccinated in the Family Court?

On the 8 March 2022, Trevor McKenna reported to the Family Law Section of the Law Council of Australia on what the Court says about COVID vaccination of your child.   On 25 January 2020 Australia confirmed its first case of COVID-19. 13 months later in February...

Can a parent keep a child away from the other parent?

Can a parent restrict access of their child to the other parent? It is not uncommon in high conflict child custody battles for one parent to deny or restrict access or limit the time the other parent spends with the child. So, is it possible for one parent to stop the...