Case Study Are the views of the child relevant to parenting orders? Solghi & Danwar [2022] FedCFamC2F 1654 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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Case Study Parenting Matter Case Study: Preventing Unilateral Interstate Child Relocation Case Overview Outcome: Successful outcome for the Father Court: Federal Circuit and Family Court of Australia, Melbourne Registry Address: 305 William St, Melbourne VIC 3000 This case involved an urgent application filed on behalf of our client, the Father, in the Federal Circuit and Family
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Information: Family Law Consent Orders Consent Orders What are They and Why are They Significant? In the Australian Family Law system, Consent Orders serve as a valuable mechanism for resolving disputes and formalising agreements between parties, without the need for lengthy and costly Court proceedings. Consent Orders offer a legally binding solution and can be
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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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