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Parenting Arrangements

Mythbusters – Family Law Myths Debunked Part 2

by Peter Magee on September 28, 2016

Rhiannon Noble

Myth 3 – I need to get a divorce before I can negotiate my property matter.

There is no requirement in the Family Law Act 1975 that obliges you to obtain a divorce order before you can begin negotiating or commence proceedings for property matters. These negotiations can occur immediately following separation. You must wait a period of twelve months … Read more

I don’t need a lawyer. Right?!

by Peter Magee on July 14, 2016

Peter Magee

Well, firstly, I am going to say – you probably will! But hey, don’t take it from me; let’s look at this issue in more detail.

Nobody particularly likes going to see a doctor, or a dentist. In a similar manner, nobody really enjoys seeing a lawyer. Or moreover, nobody really enjoys the thought of seeing a lawyer. It’s really … 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

Karen Devey

In the recent Federal Circuit Court judgment of Cartland & Cartland [2014], Judge Terry found the Respondent Mother to have contravened the parties’ Parenting Orders by not facilitating their two children, aged 11 and 12, to spend time with the Applicant Father as provided for by the Orders.

Her Honor heard that on at least 8 occasions, the parties met … Read more

Co parenting under the one roof

by Kate Marr on May 15, 2016

Kate Marr

Living separately under the one roof

On 9 September 2015, KIIS 106.5 FM published on their website an article headlined “Affleck and Garner Stay Separated, Living In Same Compound”. The article queried if Ben Affleck and Jennifer Garner’s decision to remain living in the same property compound is ambitious or admirable.

From reading the article, it seems at this stage; … Read more

School holidays – how to focus on the children

by Amelia Trotman on April 13, 2016

Amelia Trotman

School holidays and special occasions such as Easter and Christmas breaks can be especially difficult following separation.

While most parents believe that they are focusing on the best interests of their children, lines often get blurred in the emotion and the main focus becomes whether they are getting the same amount of time as the other parent, or what is … Read more

Involvement of children in court proceedings

by Kate Marr on April 7, 2016

Kate Marr

Should children be involved in court proceedings about them?

No!

When the court is asked to make orders in respect of the ongoing parenting arrangements, the court can take into account the child’s wishes and feelings from the evidence lead by their parents, any significant person who also files an Affidavit, an Independent Children’s Lawyer (if one is appointed), an … Read more

Daniel Rod

The Family Law Act 1975 (Cth) mandates that parents who separate seek a s60I certificate prior to filing for parenting matters in Court.

The process seeks to implement an alternative for separating parties to filing for Court Orders and it is my belief that this policy is simply misguided and I believe that parties are better directed through other avenues.… Read more

6yr old girl wants parents to be friends

by Amelia Trotman on March 1, 2016

Amelia Trotman

On various morning news shows and news websites it was reported that a six-year old Canadian girl had pleaded with her parents to stay friends. The little girl was shown in a video posted by her mother on Facebook, telling her mother that she wanted her parents to stay friends and for her family to stay happy and smile. The … Read more

‘Bad Mother’ not allowed to have an IVF Baby

by Bree Staines on February 21, 2016

Bree Staines

In the week commencing Monday,17 August 2015, newspapers around Australia reported that the Victorian Civil and Administrative Appeal Tribunal had barred a Victorian couple for having a baby, and that the prospective mother was an inappropriate parent to her existing children.

The couple, both aged in their forties, had attempted to undergo In Vitro Fertilisation (IVF) treatment together. The prospective mother … Read more