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Daniel Rod

I recently read an article that told a story of a father being banned from referring to his 9-year old child using the derogatory term “coconut”.

The father, who was originally from Zimbabwe, was ordered by the Federal Circuit Court of Australia in Townsville to refrain from referring to his daughter as a "coconut" as part of Orders made in … Read more

Rhiannon Noble

The Guardian newspaper recently published an article regarding a father in the United Kingdom who sewed listening devices into his daughter’s school blazer and raincoat to enable him to listen to private conversations between the child and a social worker.

The proceedings, in which Justice Peter Jackson in the Family Division of the High Court in London was asked to … Read more

Daniel Rod

A recent decision in the Family Court of Australia, Blaze & Anor & Grady & Anor [2015] FamCA 1064, highlights the immense difficulties that same sex couples face in parenting matters, especially those involving surrogacy.

Rather than repeating the law of surrogacy in Australia, covered very well by my colleague Bree Stains, I direct you to her article for an … Read more

Drug Testing in Family Law

by Peter Magee on June 24, 2016

Peter Magee

Allegations of illicit substance use or prescription medication abuse are common in family law disputes with respect to children. Clients will often seek advice from their lawyer with respect to concerns that they have about another party’s drug use, or alternatively, when they are the target of allegations about drug use.

In any event, it is often the case that … Read more

The Importance of Affidavit Writing

by Kate Marr on June 20, 2016

Kate Marr

An Affidavit is a written document setting out the evidence of a particular person filed at court in support of orders sought in the proceedings.

Affidavits are required to be filed at different stages of court proceedings. If interim orders are sought, then an Affidavit is required to be filed at the time of filing the interim application or response. … Read more

Are you a parent? – Declarations of parentage

by Peter Magee on June 6, 2016

Daniel Rod

In the recent matter of Baldwin & Neilson [2016] FCCA 199, the mother sought a declaration from the Federal Circuit Court that the Respondent was the father of the child and that he be assessed under Section 106A of the Child Support (Assessment) Act 1989 as to his obligations to pay child support to the mother.

To ascertain whether a … 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

Won’t somebody PLEASE think of the children??

by Peter Magee on May 5, 2016

Peter Magee

While my dramatic heading may have been a ploy to grab your attention (thank YOU Helen Lovejoy of ‘The Simpsons’ fame), now that I have it, I want to draw it to an area that I believe to be of high importance. I’d like to discuss a little about the effect of Family Law proceedings on children, and how parents … Read more

My Partner did the Wrong Thing – I Should Win!

by Bree Staines on May 2, 2016

Bree Staines

We family lawyers have tissues in our office for good reason. A client going through a relationship breakdown, especially when there is/are a child / children of the relationship, is one of the most tumultuous experiences a person can have. The feelings surrounding this event in one’s life can be heightened if the breakdown is due to a party having … Read more