The top 8 myths of separation Many of our clients come to see us with incorrect assumptions about their rights, and their ex- spouse’s rights after separation. To help you understand the process, we have put together a list of the top 8 myths of separation with answers: Myth 1. “If I move out I …
Contact Custody Family Violence Laws on Children Relocation of Children
6 February 2026
How family violence impacts on family law rights
Legal principles applying to family violence: The family law presumption of “equal shared parental responsibility”, does not apply in cases where there is child abuse or family violence The requirement that people attend mediation does not apply if there is family violence or abuse A fear or apprehension of family violence must be “reasonable” A …
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Contact Custody Laws on Children Relocation of Children Residence
6 February 2026
What are the new laws about children?
What are the new laws about children? Changes to ’the Family Law Act 1975′ made in 2006 include: The introduction of a new presumption of shared parental responsibility A new way for the court to determine what is in the best interests of a child A focus on parenting plans to reach agreement over children without having …
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Laws on Children Family Violence
4 July 2022
WHAT IS AN UNACCEPTABLE RISK OF HARM TO A CHILD?
Case Summary – Willmore and Menendez The case of Willmore and Menendez was an appeal brought by the mother of a decision in which the judge found that the mother posed an unacceptable risk of emotional and psychological harm to a child, aged six. The primary judge ordered that the father have sole parental responsibility, …
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Divorce Family Law Laws on Children Separation
17 September 2019
Applying for a passport for a child without both parent’s consent
Applying for a passport for a child without both parent’s consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially if they are separated and not on speaking terms). …
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Custody Family Dispute Resolution Family Law Laws on Children Parenting Orders
3 July 2019
Changing Parenting Orders – how to change a court order
Changing Parenting Orders – how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979) FLC 90-725. This case provides that where final …
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Family Dispute Resolution Contact Family Law Laws on Children
20 July 2018
Parental Alienation Syndrome and Collaborative Approach in Family Law Cases
Parental alienation seems to be increasing, according to a lot of family law solicitors in Australia. Meaning of Parental Alienation Syndrome What is parental alienation syndrome (PAS)? Essentially, it occurs when one parent influences the child against the other parent, by emotionally manipulating the child. Usually, the child (of any age from a toddler to …
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Contact Family Law Family Violence Laws on Children Relocation of Children Residence
2 July 2018
Wanting to relocate with children? Relocation of children cases
Are you wanting to relocate with children? How hard is it to relocate children overseas when the other parent opposes? When the courts consider cases on relocation of children, there is usually an extraordinary reason behind the application. However, in the case of Ellis & Murphy [2018] FamCA 468 (22 June 2018) the main reason …
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Appeals Contact Court Custody Divorce Family Law Laws on Children
30 May 2018
Parental Alienation: Change of custody when a parent alienates the other parent
Parental Alienation in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the father where the mother simply could not …
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Contact Court Custody Divorce Family Law Family Violence Laws on Children
25 August 2017
Can Recordings Be Used in Family Law Court?
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
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