Posts tagged as:

Parenting Order

Christmas Day Orders

by Kate Marr on December 18, 2012

Kate Marr

Christmas Day is often a day celebrated with families, and a lot of children may be sharing their day in between their separated parent’s homes. For some separating parents, they may already have in place a Court Order in respect to how the child or children’s time is to be spent between them on Christmas Day and/or during the Christmas … 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

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

Why your lawyer concentrates on facts, not feelings

by Peter Magee on October 18, 2011

Peter Magee
It can be very difficult to work out what is best for your child, yourself, or your financial future, when you separate.  It is often an extremely emotional time, and you may sometimes feel that your lawyer only looks at the facts and not at your feelings.  Apart from advising you not to destroy property and not to publish embarrassing … Read more

Funding cuts cause Family Court delays

by Peter Magee on June 7, 2011

Peter MageeThe Family Court is the part of the judicial system most likely to have a significant impact on the lives of many Australians, especially children. Only two years ago, the Court’s workload was increased by giving it responsibility for de facto couples as well.

In advance of the recent Federal budget, it was feared that both the Family Court and … 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

Where will the children spend Christmas?

by Peter Magee on December 10, 2010

Peter Magee
Christmas is supposed to be a time of peace and goodwill, a time when families get together to celebrate in accordance with their faith, exchange gifts, enjoy each other’s company and (sometimes) eat a little more than we should. Unfortunately, as family lawyers know only too well, Christmas can instead be a battle ground, where warring parents fight over their … Read more

Peter Magee
A recent High Court decision about which parent a child should live and spend time with has caused some furore in the press (SMH 14/09/10).

When the Family Law Act was amended in 2006 to introduce changes to the laws in relation to parenting, many parents misunderstood those so-called “shared care” laws as meaning that children would now have to … Read more