Posts tagged as:

best interests

Children Caught in the Middle Get Their Say

by Peter Magee on May 20, 2014

Zoe Durand

A Child’s Cry for Help to Separated Parents

Separation can be a bitter affair. Love can turn to hate astonishingly quickly. Unfortunately, children are sometimes not shielded from these emotions.

In an article from December 2013 entitled “Child’s school project becomes a plea to the Family Court” Michaela Whitbourn of the Sydney Morning Herald records the plea of an 11 … Read more

Peter Magee

In an article dated 14 July 2011, Dan Harris and Mikaela Conley discussed the issue of whether or not children should be removed from parents if they are obese. The article called “Childhood Obesity: a call for parents to lose custody” was published in ABC News.

The article mainly canvases the ideas of the Harvard University child obesity … Read more

Kate Marr

Section 61DA(1) of the Family Law Act requires that the Court, when making a parenting Order to apply a presumption that is in the best interest of the child for the parents to have equal shared parental responsibility for the child.  This presumption, however, does not apply in cases where there are reasonable grounds to believe that a parent has … Read more

Why the court is so cautious about child abuse claims

by Peter Magee on January 10, 2012

Peter MageeAn article titled “Rights of Child Supreme in Abuse Claims” was published in the Sydney Morning Herald on 23 August 2011.

The opinion piece was provided by Diana Bryant who is a chief justice of the Family Court of Australia. In this article Chief Justice Bryant explains the difference between the level of proof of harm required in … Read more

Shared care vs. the child’s best interest

by Peter Magee on December 13, 2010

Late last month I attended the Fourteenth Australian National Family Law Conference in Canberra.  It was a fun time meeting new acquaintances from all around the country who practice primarily in family law and reacquainting myself with several familiar faces that I am more accustomed to seeing in or around the Courts.

A number of themes were discussed with which … Read more