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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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Same-Sex De Facto Partners Held to be “Parents” of Artificial Insemination Child

Keywords: Family Law; parenting; artificial insemination; Family Laaw Act, section 60.   Introduction The Family Law Act identifies children born as a result of artificial conception procedures under section 60H. The child’s parents are recognised by the following two elements: the woman was married to, or a […]

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