Modern Family: The Contested Space of Legal Parentage
This year the High Court will hear a landmark case on the legal parentage of a child born via sperm donation.
Parental Alienation – How do the Courts Deal with This Vexed Issue?
In the 2018 case of Goldman v Goldman, the wife was the primary carer to the parties’ two children aged 13 and 11 years of age respectively at the date of the trial prior to separation, and the children had also lived with the wife since separation.
“I want to change my consent orders”
With the new year upon us, many new enquiries relate to parenting orders and whether these can be changed. Thankfully in the recent case of Searson & Searson [2017] FamCAFC 119 (5 July 2017) the Full Court (Murphy, Kent and Loughnan JJ) reviewed the current case law with respect to this.
Court Sanction No Longer Required for Stage Two Treatment of Gender Dysphoria
The Full Court of the Family Court held in the 2017 decision of Re Kelvin that the Court’s sanction is no longer required for stage two treatment of Gender Dysphoria where the child is capable of giving Informed Consent or those with parental authority authorise the treatment.
Family Law Property Settlement and Assets Acquired Post Separation
Life, financially or otherwise, does not go into a state of animated suspension after separation and pending property settlement – parties’ financial circumstances constantly change and will be different at time of separation and when orders are made.
Holla “We Want Prenup! We Want Prenup!” (Yeah)
While some family lawyers may be running for the hills when it comes to the preparation of a Financial Agreement prior to or during marriage, we aren’t at Farrell Family Lawyers.
No Property Order Made After a 27 year De Facto Relationship Ends
In a recent case heard by the Full Court of the Family Court, Chancellor & McCoy, a same sex couple who were in a de facto relationship for 27 years were not required to divide their property after separation. The Court found it was not “just and equitable” to make property settlement Orders. During the…
Mother Successfully Appeals Setting Aside of Binding Child Support Agreement
In the case of Masters v Cheyne the mother and father signed a Binding Child Support Agreement on 31 July 2008.
Family Violence Allegations in Interim Hearings Must be Considered by the Family Court
The recent decision of the Full Court of the Family Court in the matter of Salah states that the trial judge erred in failing to consider allegations of family violence by the mother against the father when making interim parenting orders.
Can you keep your personal injury award when dividing property with your former spouse or partner?
What constitutes property when looking at a division of property with your former spouse or partner after separation? Is a personal injury award likely to be defined as property to then be eligible for division after separation?