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Custody vs Children’s Best Interests

by Peter Magee on October 2, 2016

Zoe Durand

When I meet with clients they often ask me about getting “custody” of their children. Often they are surprised to discover that the relevant legislation, the Family Law Act 1975 (Cth), no longer refers to “custody” of children and instead the Court must consider who a child will “live with” and “spend time with” and if the parents will share … Read more

Read Headlines with Caution

by Bree Staines on June 12, 2016

Bree Staines

It was recently reported in tabloid media of former star of the television show Gossip Girl, Kelly Rutherford, has failed to gain custody of her children to her former German partner, Daniel Giersch. The family law matter was filed in August 2015 in Monaco after Kelly failed to return the children to Daniel’s care after the summer holidays in the … Read more

Just sign here …

by Natasha Heathcote on December 20, 2015

Natasha Heathcote

Is it all as simple as it seems?

If you watch Winners and Losers, an Australian TV show, you might think that getting a divorce and obtaining final parenting and property Orders between you and your spouse is simply a matter of signing a few documents in the heat of the moment, like Bridget in the show.

I am … 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

Kate Marr Arguably relocation matters are the most difficult cases for a Court to decide the children’s best interest.  The Court has a wide discretion in determining parenting matters, referring to the factors listed in Section 60CC of the Family Law Act.

Considerations that may weaken an application to relocate include the following:

  • The children may spend significant time with both
Read more

Peter Magee

Does your child have a medical condition that makes it difficult for them to travel long distances? Does the other parent live a long way from you so that long hours in the car is a must to meet them for changeover? It is very common that children suffer from medical conditions which mean it is difficult for them to … Read more

How the Tiger grounding affected separated parents

by Peter Magee on August 9, 2011

Peter Magee
Just before the last Victorian and New South Wales school holidays started, the Civil Aviation Safety Authority grounded the Tiger Airways fleet. Whilst this was a huge inconvenience for holiday makers and travellers, there was another group of people who were significantly affected by the airline’s grounding – separated parents seeking school holiday time with their children.

Many parents who … Read more

Internet dating gets mums relocating

by Peter Magee on May 31, 2011

Peter MageeNinemsn reports, in an article called “Court’s leash net -love Mums”, that internet dating has caused a crisis among estranged fathers and is more likely to result in relocation applications.  The article says that following separation, women often pursue internet dating, which results in them wanting to leave the area and relocate to meet with an internet lover who … Read more

Desperate Dad scales Sydney Harbour Bridge

by Peter Magee on May 13, 2011

Peter Magee

Frustration would have been the emotion affecting many commuters this morning.  Many Sydney-siders waited in a horrendous traffic jam as one man in the midst of a family law dispute, abseiled down the Sydney Harbour Bridge, placing banners in protest of what he claims to be “systematic failures” which he alleges have caused unacceptable delays to him spending any time … Read more