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Relationship breakdown

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Eldest children returned to the father after mother decides to move 1300km away permanently.

  • Post author:admin
  • Post published:July 3, 2014
  • Post category:Family Law

Unilateral relocation interstate for urgent medical treatment for mother who then decided to stay away permanently. How devastating it is for the parent who find that the other parent decides…

Continue ReadingEldest children returned to the father after mother decides to move 1300km away permanently.

De facto father tries to frustrate a property settlement by going bankrupt. How would you feel?

  • Post author:admin
  • Post published:July 3, 2014
  • Post category:Family Law

De facto husband entered into a personal insolvency agreement to frustrate the effect of a partial property settlement order – Family Court of WA considers interaction between Bankruptcy Act 1966…

Continue ReadingDe facto father tries to frustrate a property settlement by going bankrupt. How would you feel?

Children – No time to the father – Anxiety of the mother considered

  • Post author:admin
  • Post published:May 20, 2014
  • Post category:Family Law

Children – Court not satisfied that sexual abuse occurred but where mother’s belief of risk was reasonably held – No time to the father – Anxiety of the mother considered…

Continue ReadingChildren – No time to the father – Anxiety of the mother considered

Unsubstantiated allegation of child sexual abuse leeds to overnight time

  • Post author:admin
  • Post published:July 29, 2013
  • Post category:Family Law

Many matters that come before the court and practitioners in general contain unsubstantiated allegations of one thing or another. It is important for parents to put aside differences and consider…

Continue ReadingUnsubstantiated allegation of child sexual abuse leeds to overnight time

Wifes distribution from family trust to pay school fees not added back but treated as a contribution

  • Post author:admin
  • Post published:July 25, 2013
  • Post category:Family Law

Wifes distribution from family trust to pay school fees not added back. Her payment of school fees in advance treated as a contribution under Section 79 (4) In Alexiou [2012]…

Continue ReadingWifes distribution from family trust to pay school fees not added back but treated as a contribution

Appointment of family report writer Terms of reference v brief to consider s 60CC matters

  • Post author:admin
  • Post published:July 22, 2013
  • Post category:Family Law

In Hardwick [2013] FCWA 57 (20 May 2013) the parties disagreed over the appointment of a single expert witness to provide a report in a parenting case and the terms…

Continue ReadingAppointment of family report writer Terms of reference v brief to consider s 60CC matters

Relocation Order set aside on Appeal “Abusive Father” “Court rejection of Family Report”

  • Post author:admin
  • Post published:June 6, 2013
  • Post category:Family Law

In Richards & Parsons [2013] FamCAFC 74 (7 May 2013) the mother was twice assaulted by the father during a seven month cohabitation in Canberra. The father was in both…

Continue ReadingRelocation Order set aside on Appeal “Abusive Father” “Court rejection of Family Report”

Evidence Act 1995 applied in exceptional circumstances of alleged sexual abuse of child

  • Post author:admin
  • Post published:May 21, 2013
  • Post category:Family Law

Children – Evidence Act 1995 (Cth) to apply in the “exceptional circumstances” of alleged sexual abuse of a child under s 69ZT(3) In Garman & Jackson [2013] FamCA 54 (21…

Continue ReadingEvidence Act 1995 applied in exceptional circumstances of alleged sexual abuse of child

Husbands high earnings throughout long marriage not allowed as special contributions

  • Post author:admin
  • Post published:May 17, 2013
  • Post category:Family Law

Property – Husband’s high earnings throughout long marriage not allowed as “special contributions” In Newman [2013] FamCA 37 (30 January 2013) the husband argued that his high earnings throughout the…

Continue ReadingHusbands high earnings throughout long marriage not allowed as special contributions

Cohabitation agreement under Property Law Act 1974 QLD not recognised

  • Post author:admin
  • Post published:May 16, 2013
  • Post category:Family Law

Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012]…

Continue ReadingCohabitation agreement under Property Law Act 1974 QLD not recognised
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