The case of Lankester & Cribb [2018] FamCAFC60 demonstrates the potential consequences of parental alienation. This includes but is not limited to moving the child from the primary care of one parent to the other, ordering sole parental responsibility and preventing the child from spending time ...
Read moreParenting and children’s matters
ALRC Submissions- Share Your Experience
The Australian Law Reform Commission (“ALRC”) is currently calling for submissions from family law professionals and those with experience of the family law system. As such, Nicholes Family Lawyers is currently considering submissions regarding ways of improving the system whilst prioritising th...
Read moreCOMPASS: Finding a future for young people leaving care
If a young person is unable to return to the care of their family due to concerns for family conflict, lack of suitable support options, or significant risk of harm in the family home, the Department of Health and Human Services looks to out-of-home care services to manage their care needs on a day ...
Read moreCongratulations to Sally Nicholes and Keturah Sageman – Doyles Guide: Leading Parenting and Children’s Matters Lawyers
We are excited to congratulate our Partners Sally Nicholes and Keturah Sageman for being listed in Doyles Guide as Leading and Recommended in Parenting and Children’s Matters Lawyers in Victoria respectively. Doyles guide is an independently researched guide that lists Australia’s best lawyers, ...
Read moreCan parents prevent the State from vaccinating children removed from their care?
A Melbourne mother is currently fighting an order handed down by the Children’s Court compelling her children to be immunised whilst in the temporary care of the Department of Health and Human Services. The decision was appealed to the Supreme Court on Wednesday 22 November 2017, and, if successfu...
Read moreCouple lose parentage declaration over surrogate child
Recently in the case of, Bernieres and Anor v Dhopal and Anor (2017) FLC 93-793, the Full Court of the Family Court of Australia delivered Judgment on some key issues relating to the legal position of parents in commercial surrogacy agreements. The appeal was made by Australian couple Mr and Mrs Ber...
Read moreSecret recordings deemed admissible by the Court
In the recent matter of Jasper & Corrigan (No. 2) [2017] FCCA 1467 Judge Altobelli was asked to determine the admissibility of conversations secretly recorded by the mother without the knowledge of the father. The substantive issue before the Court in this matter was the existence of a de facto ...
Read moreFamily 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...
Read moreWho 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 ...
Read moreAlternative Dispute Resolution- Collaboration
At Nicholes Family Lawyers we encourage our clients to make a genuine effort to resolve disputes with their former partner and avoid the need to go to Court. To help them resolve these disputes we recommend clients engage with a range of options, collectively referred to as methods of “Alternative...
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The Ruddock Review has been handed to the government however it could be weeks until its release. "I look forward t… twitter.com/i/web/status/9…
How can we balance LGBTI anti-discrimination law with religious freedom? nicholeslaw.com.au/the-effect-of-… pic.twitter.com/6Fp30y4CEK
“If I had to use one word to describe the relationship between equity and family law it would be ‘DRAMATIC’” pic.twitter.com/Mv3wuM5uNa