The Potential Consequences of Parental Alienation

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 ...

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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...

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Secret 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 ...

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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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Alternative 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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