Posts tagged as:

Parenting Orders

Can Parenting Orders Be Varied?

by Peter Magee on November 15, 2016

Anne-Louise Pham

In circumstances where there are existing Orders in relation to the care of your child, the Orders may only be varied by a Court, after formal application has been made by a party. This is because once Final Orders have been made, they are deemed to be legally enforceable until the child is 18 years of age. Orders may be … Read more

Hooray! Final Orders, It’s Over…Or Is It?

by Kate Marr on October 14, 2016

Kate Marr

When parenting proceedings have been finalised, when you have sealed court orders setting out the parenting arrangements, you may feel many different emotions, including sorrow, relief and/or happiness.

The Orders made by the Court are made with the view that they will continue to apply until the child / children is eighteen (18) years of age. However, in the event … Read more

Karen Devey

In the recent Family Court Decision of Mizzi & Wilson [2015] FamCA 881, Cronin J declined to engross consent orders signed by both the mother and father in circumstances where the Independent Children’s Lawyer appointed by the Court refused to sign the proposed orders.

The matter involved two children, aged 4 and 2 who lived with their mother and spent … Read more

Anne-Louise Pham

A Court may find that you have ‘contravened’ or ‘breached’ Orders if you have either intentionally failed to comply with them or made no reasonable attempt to comply with the Order. Under the Family Law Act 1975 (Cth) (“the Act”), a party bound by Orders must not:

  • Intentionally fail to comply with Court Order;
  • Make no reasonable attempt to comply
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The Technology Trap of Family Law

by Peter Magee on August 2, 2016

Anne-Louise Pham

Technology is meant to make our lives easier. It makes communication faster and we have access to more information than ever before. We are able to instantaneously share our feelings with the world, send a text message within seconds and document our existence through social media sites such as Facebook, Instagram and Twitter. However, with this new technology comes greater … Read more

The cost of spending supervised time with your child

by Natasha Heathcote on June 25, 2016

Natasha Heathcote

In many cases a parent is required to spend supervised time only with their child or children.

While this may sound like a terrible situation having someone watch every minute that you spend with your child, and even reporting on it, it comes with its benefits and also sometimes at a significant cost. In cases where allegations of risk are … 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

Michelle McDermott

Having had the invaluable experience of practising family law both here in Australia and in the UK, I have at times been struck by the differences in each country’s family law regimes. There were two published Court decisions in 2014, one here and one in the UK, which provided me with such an example: in Australia, the case of Merrick … Read more

What is the Airport Watch List?

by Peter Magee on April 28, 2016

Anne-Louise Pham

Under the Family Law Act 1975 (Cth) (“the Act”), it is an offence to take a child outside of Australia without the consent of the other parent, where there are parenting Orders in place or parenting proceedings on foot, unless the current Orders provide allow for such travel to take place (see section 65Y and 65Z of the Act).

A … Read more

Peter Magee

Alienating a child from their other parent could see you being the one alone

The primary consideration for a court when making a parenting order, is to make orders that are in the best interests of children. In making such a decision, the court considers:

  • the benefit of children having a meaningful relationship with both parents; and
  • the need to
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