International Child Abduction Convention

The Child Protection Convention provides for international co-operation between convention countries to recognise protective measures for children. This includes recognition and enforcement of protection measures (such as court orders) made in one convention country in other convention countries. The aims of the convention is to assist countries […]

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Christmas rush time at the Family Court

It is November and thoughts turn to the Christmas countdown.  It is also an important time for practitioners and their clients to consider the cut-off filing dates for the Family Court. Under the Family Court rules Rule 5.01A   (1) This rule applies to an application for a […]

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Unacceptable Risk?

In the case of Simmons and Anor & Kingsley [2014] FamCAFC 47 the appellants were the maternal uncle and aunt of the child X aged 8 , They had appealed the final parenting orders made by Hogan J  in favour of the father in relation to the […]

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Is shared care always in the best interest of young children? Equal time parenting arrangement for 2 young children set aside

In the case of Willis & Field [2014] FCCA 514 (20 March 2014) the court had to decide the issue of whether equal shared care between the two parents in this instance  was in the best interests of the children. The mother and father had entered into […]

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“Big Money Cases” Court holds that financial contributions not more important than non-financial contributions in Family law cases

When a marriage or de-facto relationship ends and the parties seek to have their property divided by the Family Court, the courts looks at the respective contributions made by each party during the life of the relationship.  The court will look at the financial and non-financial contributions made by […]

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Is there a de facto relationship even though parties are not living in same house? – the answer is Yes

This question was put in the case of Clark and Clark & Ors [2014].  The two parties involved had regularly spent weekends at each other’s houses and travelled overseas together.  However the parties did not have a permanent residence together. The parties had a child in 2007 […]

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Leave to proceed out of time Stanford argued

The full court in McCoy & Chancellor [2014] FamCAFC  62 dismissed Ms Coy’s appeal from Judge Turner’s granting of leave to Ms Chancellor under s44 (6) to apply for property orders three months out of time.   The parties had been a de-facto relationship for a number of years.. […]

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Absent father has application dismissed

Judge Baumann in the case of Waugh & Bannon FCCA 893 [2014] dismissed a father’s application for time to be spent with his daughter X aged 8. X had spent no time with her father before the proceedings.  It was held that x “really does not know […]

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Parenting order suspended for mother to relocate to Thailand for 18 months

In the case of Eades and Wrensted  [2014] FCWA 15 An application was granted to a mother to allow her to relocate from Perth to `City A’ in Thailand for 18 months with her children where her partner had secured employment.  The children are aged 10 and […]

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Mother unilaterally went to Queensland for medical treatment – then stayed…

In Whiteside & Whiteside [2014] FCCA 893 (6 May 2014) A mother relocated to Queensland with her children aged seven, six, two and eight months from NSW to Queensland for urgent medical treatment for herself.  The parents had `co-parented’ for 12 months before her relocation.  After her […]

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