Family Reports in Parenting Matters

When parenting matters are in dispute in Court proceedings an Order will often be made for the parties and children to attend upon an experienced psychologist, psychiatrist or social worker for the purpose of obtaining a family report. The purpose of a family report is to provide an independent asse...

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Who stays? Sole Use and Occupation Order

When people separate, one party often agrees to leave the family home however, this is not always the case. In some circumstances an issue can arise as to who will remain in the family home pending a final resolution of property matters. One option available to parties in this situation is to apply ...

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Teenager’s Views Not Always Decisive

In the recent High Court decision of Bondelmonte v Bondelmonte [2017] HCA 8 the issue of the weight to be given to children’s views as to their living arrangements was considered in circumstances where the father had removed the children to New York. The parents had separated in 2010 and at the ti...

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Location Orders

If a parent has removed a child from the child’s last known address, and the child is unable to be found by the other parent, a Registrar of the Court has the power to make a Location Order. Such an order compels a third party, usually the Australian Federal Police or Centrelink, to provide to [&h...

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Enforcement of Court Orders

What happens where you are found to have contravened Court Orders without a “reasonable excuse”? It is an all too common occurrence where one person may breach a Court Order by not making the children available to spend time with the other parent. Whilst we use this example, breaching Court Orde...

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Grounds for expediting an Appeal

The Full Court of the Family Court of Australia recently heard an application to expedite an appeal in the matter of Nimmo & Bush [2016] FamCAFC 274. In November 2016, the father of a 4 year old child filed a Notice of Appeal against Orders made by Judge Street. The father’s 24 grounds of appe...

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Recovery Orders in Family Law

Where one parent unilaterally relocates after separation where there is no agreement from the other parent that they be permitted to relocate with the children either intrastate or interstate, this may give rise to a recovery order under Part VII of the Family Law Act 1975 (“The Act”). Pursuant ...

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