Posts tagged as:

Family Court

Peter Magee

In many family law case involving children, there are allegations made that either one or both of the parents pose a risk of some sort to their children. So much so that it is now mandatory in every court application involving children that each party file a Notice of Risk setting out the alleged risk the other parent poses to … Read more

Felicity Reeman

The Daily Mail Australia online reported on 15 June 2015 that Australian children as young as 12 years old are seeking gender reassignment following Caitlyn Jenner’s highly publicised decision to transition to a woman. An individual’s decision to alter their gender is undoubtedly fraught with numerous psycho-social concerns. Of great interest to us family lawyers is the legal implications that … Read more

Peter Magee

In an article published on 10 March 2013 in the Telegraph, Katy Bice reports in relation to a father being restrained from sticking transfer tattoos on his four year old son.

The article, titled “Family Court Stops Dad Putting Transfer Tattoos on Son” relayed how the boys’ parents differed in their view in relation to transfer tattoos.

Bice reports: “The … Read more

Peter Magee

On 31 December 2012 news broke that Grant Hackett was suing his lawyer as a result of a faulty Binding Financial Agreement. This Agreement was entered into prior to his marriage to Candice Alley. This sort of Agreement is known in America as a “Pre-nup”. Although the Agreement entered into by Grant Hackett was one prior to marriage, Binding Financial … Read more

Keeping the former matrimonial home

by Kate Marr on October 1, 2012

Kate Marr

The Sydney Morning Herald, on 4 September 2012, reported a husband being ordered by the Family Court to dig up his parents ashes that were buried in the garden of the family farm.

The Family Court ordered that the wife retain the former matrimonial home and the husband demolish the memorial garden he had established at the property, which included … 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

Contempt of court: a serious charge

by Peter Magee on February 18, 2012

Peter Magee
There can be serious penalties imposed for a conviction of contempt, including imprisonment. In an appeal court case of Rossi & Commissioner of Police [2011], a mother was found to have knowingly contravened three parenting orders, after taking her child from school during the morning break and taking him to Adelaide. When police entered the premises, the boy … Read more

Couple counselling. What does the law say?

by Peter Magee on February 4, 2012

Peter Magee
You and your partner are facing the prospect of separation. You feel obligated to attend couple counselling before you make the final decision to separate. In what circumstances must you attend couple counselling? Is couple counselling confidential?
Under the family law legislation, the only circumstance that requires couple counselling is where married couples have been married for two years or … Read more

Hatred for ex-partner prevents shared care

by Peter Magee on February 1, 2012

Peter Magee
An article published in the Australian and written by Carolyn Overington on 24 November 2011, reports on a recent Queensland case in which the full bench of the Family Court found that shared care was not appropriate in relation to a five year old girl.

Allegations of violence and emotional abuse were made by both parents, however the Court found … Read more

Parenting skills tested in divorce case

by Peter Magee on January 21, 2012

Peter MageeIn the recent case of Cappetto & Cappetto No.3 [2011] FamCA 345, his Honourable Justice Watts made findings about what parent the children should live with. The children in this case were referred to as “B,” 5 years and 8 months old and “S,” 3 years and 10 months old.

The Applicant Father wanted sole parental responsibility. The Independent Children’s … Read more