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Parenting Plan vs Custody Agreement
What is a Parenting Plan? A Parenting Plan is like a written agreement between two parents outlining how they will share responsibilities and time with their children, similar to a detailed schedule that both parents can follow informally. What is a Custody...
Parenting Order vs Custody
What is the difference between a Parenting Order and Custody? A Parenting Order and custody both relate to how children are cared for after parents separate or divorce, but they have slightly different meanings. A Parenting Order is a legal document that outlines...
Parenting Plan vs Consent Orders
What is the difference between a Parenting Plan and a Consent Order? A Parenting Plan is like a family schedule that outlines who will take care of the kids on which days, how holidays are divided, and how parents will communicate about their children's needs. A...
Parenting Plan vs Parenting Order
What is the difference between a Parenting Plan and a Parent Order? Enforceability: Parenting plans are not enforceable by law, while parenting orders are. Flexibility: Parenting plans offer more flexibility and can be adjusted as needed, whereas parenting orders...
What You Need When Filing for Court
An informative infographic about "What You Need When Filing for Court" is available for sharing at end of post. What You Need When Filing for Court Terminology Parenting Orders: Legal orders made by a court regarding the care and custody of children. Initiating...
T v S [2001] – The problem with self-representation: a Mother’s appeal for Redemption
T V S [2001] FamCA 1147 Background This appeal case concerned a parenting dispute over a boy who was 2 years old at the time Orders were made at trial. This case reveals the limitations in serving justice when a party is self-represented, and the difficult position...
Carlson [2008] – A grandmother’s case where neither parent was “good enough”
CARLSON & OTHERS & BOWDEN [2008] FamCA 1064 Facts This case concerned competing parenting applications for a young boy aged 4 at the time of trial. The main parties were the paternal grandmother and her partner, as well as the child’s parents. Both parents...
Parenting Plans – Navigating the world of co-parenting with a road map
‘PLACE YOUR INTENTIONS ON PAPER’ A parenting plan is a written, non-legally binding agreement between two parents concerning their child/ren. It is not enforceable in the Court, however it may be used as evidence at a later date if Court proceedings...
Vallans [2019] – Seeing eye to eye: Can a parent be given sole parental responsibility because of communication difficulties?
Vallans & Vallans [2019] FamCAFC 260 There is a presumption in family law that parents share parental responsibility for their children. Parental responsibility means all the duties, powers, responsibilities and authority which a parent has, by law, in relation...
TAYLOR [2007] – Should a person’s “happiness” determine their relocation application?
Relocation cases are difficult to determine. They commonly involve one parent who wishes to relocate with the child/ren to a place which would put considerable distance between the child/ren and the other parent. These cases are judged no differently to other cases...
Joining the Familia – NSW Adoption Laws
In my time as a solicitor I have had several inquiries related to adoption. They have come from step-parents wishing to adopt children under 18, or the children themselves. In some instances, it has been adults wishing to formalise a close bond that exists between...
Appointing Someone to Manage Your Affairs – What You Need to Know
We only tend to consider the big end-of-life issues when something tragic happens. The loss of a loved one, an unfortunate accident, a health complication. It is only during such times that we think the big, meatier decisions in our life - our legal affairs. We...
Filing a Case in Court – Don’t Be Trigger Happy…
Introduction In August 2021 the Family Law jurisdiction underwent significant reform. Where previously there existed 2 Courts in which to file a matter in, there is now only one, being the Federal Circuit and Family Court of Australia. With a new forum came new...
FERANTI [2010] – What happens when a party to a case dies?
The case This was a case that had been in the Family Court of Australia for a considerable length of time, during which several interim orders had been made. When it was brought before the Court to prepare for trial, it came to light that the mother (one of the...
MRR (2010) – A mother isolated in a mining town and her High Court appeal
MRR v GR [2010] HCA 4 The Case This was a High Court case that concerned parenting arrangements for an 8 year old child. The parties had been living in Mount Isa, Queensland, before and after their separation. They had originally moved there because the father...
Bondelmonte [2017] – “I want to live with Dad overseas” – the influence of teenage children’s views
Bondelmonte v Bondelmonte [2017] HCA 8 The Case This was a case which reached the High Court. It concerned the return to Australia of two teenage boys, aged nearly 17 and 15, who at the time were holidaying with their father in New York. The father had overextended...
REYNOLDS [2016] – To hyphenate a child’s surname, or not?
REYNOLDS & SHERMAN [2016] FamCAFC 240 The Case The case concerned a mother who appealed a Court Order which hyphenated the child’s surname to include both parents’ surnames. The mother wished for their son to only bear her surname, while the father wanted the...
BURTON [2013] – Primary consideration is limited to parents
Burton & Churchin & Anor [2013] FAMCAFC 180 The case This was an appeal in the Family Court of Australia concerning a young girl, aged 10. The main appealing party was the child’s step mother, while the respondents were the child’s French aunt (she lived in...
ALDRIDGE [2009] – It’s in the child’s best interests for a village to raise them
Aldridge & Keaton [2009] FAMCAFC 229 The Case This was an appeal brought the the mother of a young girl, almost 3 years old at the time of trial. The respondent was the former same-sex partner of the mother. The respondent had been in the child’s life around...
GOODE (2006) – The proper approach to interim proceedings
Goode [2006] FamCA 1346 What was the case about? The case was brought by the appellant father who argued that the Court had improperly applied certain provisions of the Family Law Act, while other provisions had been ignored altogether (for example, section 60CC...
DOHERTY (2016) – Dividing parental responsibility and the presumption of ESPR
Doherty & Doherty [2006] FamCAFC 182 What was the case about? The case concerned a father who wished to re-open a parenting case where final Orders had been made 4 years prior. The father claimed there had been a significant change in circumstances since the...
10 tips for doing your own divorce
Many clients are unaware of the things they should consider when making a divorce application. The following is our top 10 tips on things you should consider when making a divorce application. 1. Communicate With Your Partner Remain civil and cooperate with your...
Apprehended Violence Orders – how they progress through Court
An AVO can affect your family law proceedings. Unfortunately, not all allegations of family violence are truthful and complainants seek to use them as "ammunition" in the family law Courts. This is why it is important to receive proper legal advice and...
The fundamentals of parenting order – what you need to know
According to the Federal Circuit and Family Court of Australia. What is a Parenting Order? A parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties...
What does it mean to be a parent? A sperm donor’s High Court battle
You are a male who has known a lady-friend for 25 years. You are both part of the LGBTI community. There is enough trust between you that the idea of raising a child is proposed. You both agree. Preparations are made to privately perform an artificial insemination....
ISLES [2022] – An important Appeal: Possibilities, probabilities & parenting Orders
ISLES & NELISSEN [2022] FedCFamC1A 97 “It cannot be correct that the unacceptable risk of a child’s sufferance of harm through future sexual abuse can only ever be established if it is proven as a fact, on the balance of probabilities, that the child (or...
Supervised Contact Services – Ins and Outs
Introduction When going through a parenting dispute, it is not uncommon for parties to make allegations against one another. These allegations may suggest that one parent is a risk to the other parent, the children, or sometimes both. In these situations, it...
Court based Reports – the “Child Impact Report”
During the progression of a family law case, it is not uncommon for the Court to Order the preparation of various Reports. Given family law proceedings are civil in nature (party vs. party) and adversarial, the Court rarely has any independent evidence at the start...