Father Refused Sole Parental Responsibility for Absconding with Child on Appeal

In the case of WGOC & GH and Anor [2016] FamCAFC 199 (14 October 2016), the “the father” known as WGOC appealed orders set down by Justice Hogan in May 2015 regarding access to one of his children. The father and “the mother” (GH) had two children. X was […]

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Full Court of Family Court Finds Hyphenated Surname in the Best Interests of the Child

Keywords: Children; best interests of the child; child’s surname; hyphenated surname of child In the recent highly publicised case of Reynolds & Sherman [2016] FamCAFC 240 (29 November 2016), one mother’s fight to keep her child’s surname has failed. The parties, going by the court-ordered pseudonyms Ms Reynolds and […]

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WA Court Finds Separation of De Facto Couple Means More Than Just Physical Separation

Keywords:  De facto couple; indicia for determining de facto relation; separation; meaning of separation in the context of de facto relationship; children; relocation; best interests of the child; property settlement;  statute of limitations.   Introduction Justice O’Brien (“the judge”) in the case of Jones and Hill [2016] […]

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Family Court Confirms That “Facebook” Can Be An Effective Means of Serving Family Law Documents

Keywords: Family law; parenting; parenting orders; service of documents; substituted service; service via social media; service via Facebook.  As a result of the recent Family Court decision in Maguire & Klein [2016] FamCA 874 (5 October 2016),  you don’t even have to know where your former spouse or […]

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Return of Child to non-Hague Convention Country Held To Be in Child’s Best Interests

Keywords:  Children – Child Abduction – non-Hague Convention country- best interests of the child   In the recent case of Acquaah-Akuffo & Abioye  [2016] FamCAFC 194 (4 November 2016), the Full Court decided, under Family Law Act 1975 (Cth) (the “Act”) section 60CC (outline what considerations determine the […]

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Family Court Grants Leave for Father to Present Further Evidence Whilst Pending a Final Judgment

Keywords: Children – parenting – parenting orders – new evidence – re-open case to permit further evidence – Application for Leave to reopen – further evidence to be adduced – additional evidence to be adduced whilst awaiting decision.   Introduction In the case of Stone & Clifford […]

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Appeal By Great Grandparents for Parenting Orders Dismissed as Vexatious and for Lack of Standing

Keywords:  Children – Dismissal under s 102QB of the Family Law Act of great grandparents’ application for time – Vexatious proceedings order also made – Majority of Full Court dismisses appeal with indemnity costs –  standing to apply for a parenting order as persons “concerned with the […]

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Binding Financial Agreement Not Unlawful For Duress As Wife Received Clear Advice Not to Sign

Keywords: Financial Agreements – Duress – Full Court overturns trial judge’s ruling that husband’s requirement that an agreement be signed before marriage amounted to duress – Wife’s “real difficulty” in proving duress; independent legal advice   Introduction The case of Kennedy & Thorne [2016] FamCAFC 189 (26 […]

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Court Sets Aside Binding Child Support Agreement Due to Misunderstanding of Essential Terms

 In Bassett & Teale [2016] FCCA 2177, the parties had been involved in costly litigation as a result of a Binding Child Support Agreement (the “Agreement”) concerning their two children for the better part of six and half years. Background In 2009 the parties were in an apparent […]

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Convicted Paedophile Father’s Appeal Against a No Communication Order

  Keywords: Family Law Act, s 60CE; paedophile father; no communication order; psychological harm    Introduction In Malak & Mairie (No. 2) [2016] FamCAFC 120 (6 July 2016) the Full Court (Murphy, Kent & Austin JJ) heard an appeal by the father who was serving an 18 year prison […]

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