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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Grandmother’s parenting application opposed by parents – dismissal

Penn & Haughton & Anor [2013] FCCA 1941 In this case a paternal grandmother had lodged an application for the children to spend time with her.  The children’s parents were “implacably opposed to the children spending time with [her]”.  There had been no relationship with grandmother since […]

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`Sign the pre-nup, or the marriage is off!’ – unconscionable conduct

Judge Phipps set aside a s90B financial agreement in the case of Parkes v Parkes [2014] FCCA 102,  that had been made just two days before the parties’ wedding.  The husband had raised the issue of a pre-nuptial agreement three days before their pre-arranged wedding date. The husband […]

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Appeal against property orders allowed

Vadisanis & Vadisanis and Anor [2014]FamCAFC97 -12/6/2014 The case was an appeal by the wife against the property orders made at trial by Fowler J. The question of whether the “intervener” (the mother of the husband “V”)  had the benefit of a resulting trust, implied or constructive […]

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Adjustment to Property Order due to Wife’s Contribution During Marriage

Marsh v Marsh  [2014] FamCAFC 24 (25 February 2014) The Full Court of the Family Court llowed the wife’s appeal against an earlier property order, The case involved a 21 year marriage with three children. where the parties had been separated for 10 years, The property pool […]

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Rejection of Approach of attributing Percentages to Property Contributions

Bolger & Headon [2014] FamCAFC 27 (27 February 2014) The Full Court of the Family Court allowed H’s appeal against a 51/49 property order in his favour. There was no children to the marriage, however there was a  a net  property pool of $1.5 million. The husband’s initial […]

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Consent Order for Equal Time Discharged upon Commencement of Primary School

Case of Meyer & Shipton (No. 2) [2013] FCCA 2198 (19 December 2013) There had been a consent order in place for the parties’ son for three years, providing the parties’ for equal access, despite the parties living approximately one hour’s drive from each other. This worked well, but […]

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Status of Unwritten Parenting Agreement Tested

Case of Bevan [2014] FamCAFC 19 (19 February 2014) According to the the Full Court of the Family Court: “The primary issue [was] whether [the trial judge] erred in concluding it was just and equitable to alter existing property interests when the parties had largely lived apart for 18 years […]

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