Case Study: Family Law Matters Urgent Recovery Application Parenting Matter: Successful Outcome Court: Melbourne Federal Circuit and Family Law Court. Facts: This matter involved an urgent recovery application seeking that the child be returned immediately to the Applicant Father. Our client was the Applicant Father in this proceeding. There is an extensive history of family […]
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Family Law Matters Proposed Changes to the Family Law Act Proposed Changes to the Family Law Act – A Step Forward? On 30 January 2023, the Australian Government released a draft Family Law Amendment Bill (‘the amendments’) which proposed a variety of significant changes to the Family Law Act 1975 (Cth) (‘the Act’). The overarching
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Parenting Matters What Age Can a Child Decide What age can a Child Decide? After separation, parents often wonder when children are able to decide for themselves where they live, or how often, and in what circumstances, they see their parents. The short answer is that the Family Law Act 1975 allows the courts to
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Family Law Matters Indigenous Australians and the Family Law System What are some of the barriers that Indigenous Australians face when accessing the family law system? The legal system has long been found to be failing all members of the Australian community with regards to access to the legal system, particularly highlighted within a Senate
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Information Update Family Law amid COVID19 Already within a matter of months, COVID-19 has upended the lives of children and families across the globe. School closures and movement restrictions are disrupting children’s routines and support systems. They are also adding new stressors on caregivers who may have to forgo work. Evidence and what to expect
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Case Study Child Relocation Cahan & Kafka [2019] FCCA 2421 The case of Cahan & Kafka [2019] FCCA 2421 (30 August 2019) provides an example of where a parent was denied their application to relocate the child to a different city. In this case, the mother received a job offer which would result in a
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Parenting and Property Matters Harmonisation of the Courts The complex overlap between the jurisdiction and administration of the Family Court of Australia and the Federal Circuit Court has been heavily criticised as being “confusing, inefficient and [for] causing unacceptable delays’’. Traditionally, the two-court system was been constructed in order to enable better specialisation, wherein the
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Parenting Matters Views of the Child in Parenting Matters Are the views of the child relevant to parenting orders? Under the Family Law Act 1975 (Cth) (“the Act”), the Court gains the power to make parenting orders that are binding on all parties involved. In so considering what Order would be in the “best interests
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Parenting Matters The Impact of Family Violence Upon Children How is Parenting Order made? Under Section 64B of the Family Law Act 1975 (Cth) (“the Act”), the Court gains the power to make parenting orders that are binding on all parties involved. In making such an order, under Section 61DA(1) of the Act, the starting
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Podcast Parenting Plans and Consent Orders Dads Online Podcast One of our Principal Lawyers, Daniel Dalli, discusses with Dads Online some of the issues that arise after separation or divorce. This podcast focuses on the difference between parenting plans and consent orders. You can access this podcast by clicking this link. The below is a
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