Full Court of Family Court Overturns Order for Section 11F Child Consultation

In Hart and Selwood [2016] FamCAFC 254 (2 December 2016), the Full Court of the Family Court heard an appeal against orders made by Justice Myers regarding parenting arrangements. The Appellant, Ms. Hart (the “Mother”), and the Respondent, Mr Selwood (the “Father”) were disputing the amount of […]

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Shared Parental Responsibility – Relocation from Southern NSW to Darwin Allowed

In Larsson & Casey [2016] FamCA 971 the Court allowed relocation of child B to Darwin under the primary care of his mother. The parties had two children, “C” (born 2002) and “B” (born 2006), and separated in 2007. Initially, both of the children lived with the […]

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85/15 Split of Matrimonial Property Found to be Just and Equitable

In Wicks and Millington [2016] FCCA 2107, the proceedings regarded the alteration of interests in property that was borne out of a lottery win. The Applicant Mr Wicks was aged 59 and the Respondent, Ms Millington, 49 years old (the “Parties”). The Parties commenced cohabitation in 1994 […]

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The Eye is in the Detail: Family Law Parenting Contravention Order Bond Overturned

In Stapleton & Hayes [2016] FamCAFC 171 (1 September 2016) (“Stapleton & Hayes” or “the case”), the Family Court (“the Court”) considered the ramifications of a Contravention Order made against Ms Stapleton in 2015. Introduction In short, a Contravention Order is where a Parenting Order has been […]

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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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