Posts tagged as:

shared care

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

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

How the Tiger grounding affected separated parents

by Peter Magee on August 9, 2011

Peter Magee
Just before the last Victorian and New South Wales school holidays started, the Civil Aviation Safety Authority grounded the Tiger Airways fleet. Whilst this was a huge inconvenience for holiday makers and travellers, there was another group of people who were significantly affected by the airline’s grounding – separated parents seeking school holiday time with their children.

Many parents who … Read more

New paid parental leave is flexible and fair

by Peter Magee on April 8, 2011

Peter MageeFinally, Australians are now able to receive paid parental leave as of 1 January 2011.  The Government is offering parents 18 weeks paid parental leave of $570 per week, (equivalent to the minimum wage in Australia).  Either Mum or Dad can take the leave or share the 18 weeks between them.

These laws finally bring Australia into line with the … Read more

Shared custody. Only a few families manage it.

by Kate Marr on March 11, 2011

Kate Marr, Family Lawyer

Figures  published in an article titled “Shared Custody Remains a Problem” on the SBS website on 1 February 2011 state that only 16% of children have a shared time arrangement, most commonly a 35/65 split in favour of the mother.

On 1 July 2006, the family law system significantly changed.  Amendments included compulsory attendance at family dispute resolution (prior to … 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

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

Bosses are tough on Dads who care

by Peter Magee on September 21, 2010

Peter Magee

Relationships Australia Vice President, Anne Hollonds, commented in the Manly Daily recently that employers are tough on fathers who need to care for children. The comment was made in the context of the conflict facing working fathers in modern society. Although today there is more support for hands-on parenting by fathers, the pressure to provide financially makes it practically difficult … Read more

Shared care. Good, bad or ugly?

by Peter Magee on September 10, 2010

Peter Magee

Ever since the 2006 reforms to the parenting laws in the Family Law Act, the issue of shared care or equal time has been a complicated one, that always touches a nerve, whichever “side” of the debate you might be coming from.
A report has recently been released, following a federal government funded investigation into the impact of parenting law … Read more