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...
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)...
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...
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...
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...
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...
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide...
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’...
There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Where personal safety is involved, it can include situations like...
Intervention Orders - What to do if you are served with one Breaching an intervention order is a criminal offence, with a maximum penalty of 2 years imprisonment or a fine up to $24,000, or both Many intervention order matters will arise out of a related...
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...
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...
