Popular Discussions RSSSun, 23 Dec 2018 06:21:03 GMTIf a child is hidden from the mother by the father and there is no family law court orders in place and the father dies and now the grandmother has the child and has the child in hiding would that be considered kidnapping? #parenting 

]]>Sun, 23 Dec 2018 06:21:03 GMT What is the consequence of perjury in family court. So many lies have been presented to the court... I've been told this is normal in FC. I dont have the funds to fight every lie. It will totally mislead court.

]]>Tue, 19 Feb 2019 07:33:11 GMTDoes anyone want to share their thoughts on parental alienation in the family law context (which comes in two forms being realistic and pathological estrangement).  Albeit the act does not specifically deal with parental alienation, from my perspective the relevant behaviours that arise when we are talking about parental alienation are recognised and fall into the category of the interference with the child's right to have a meaningful relationship with both parents (I don't consider the parents are the ones with the rights per se, because its best interest of the children we refer to so they must be the ones with the rights) and need to protect them from example psychological harm (primary considerations) and as to the additional considerations can fall under, 1. the nature of the relationship of the child with each of the child's parents (60CC (3) (b) 2. the capacity of the parents (60CC (3) (f) 3. the maturity and in context of background of the parents (60CC (3) (g) 4. the attitude to the child and parenthood demonstrated by the parents (60CC (3) (i) 5. any other matter the Court considers relevant (60CC (3) (m) It could also be covered under family violence (60CC (3) (j)... I note cases like Lancaster v Cribb [2018] FamCAFC60 and Goldman I have just had a read of them.  However does anyone wish to share legal or I am particularly after practical insight about this topic? Thanks

]]>Mon, 18 Feb 2019 08:33:45 GMTIs there a point in fighting in family court. Left due to dv. Presented the dv in court.Report writer down played DV. Is there a point in fighting. Heading to trial date unknown

]]>Fri, 01 Mar 2019 09:02:19 GMTI would like Information on the legality of the following situation. I am posting this on my partners behalf. In 2011 my ex's father paid out the mortgage on our matrimonial home, which I have not lived in since seperation in Aug 2015, the ex still resides in said home with all but one of our children and his new partner and her children. The title of the home is in mine and the ex's name. The ex's fathers name is not on the title or any other documents. No loan documents, contract for repayments or formal agreement were drawn up or signed for the funds that he provided. Since 2011 there has been no repayments made to the ex's father, (before seperation in 2015 or there after) The ex's father is now trying to lay finacial claim to the house, therefore effectivly trying to stone wall any property settlement. He has not made any attempt since 2011 to chase repayments and has only shown an interest in the financials today, via a letter drawn up by his solicitors indicating that if there is any property settlement between the ex and I, that he will be claiming for both the initial mortgage payout amount and any loss of income from what the value of the shares that he sold in 2011 to fund, would be now. He also wants to be included in any property settlement proceedings through the law courts between my ex and myself. TIA #property

]]>Sun, 24 Feb 2019 01:44:28 GMT  #VolunteerOpportunities

]]>Sat, 26 Jan 2019 09:10:28 GMTHi all, currently in FCFCOA proceedings I initiated as the father withheld children at ages 10 & 12 where final parenting orders were in place that the children live with me as they had since birth. To justify withholding the children, he has made extensive allegations of abuse, drug use, and psychiatric problems. He forced my children to make statements to that effect, when obviously my children know these are not true but they are scared of the father. Last time I saw them was a year and a half ago & the father had finally agreed to regular time for the children to spend with me via mediation. He had coached the children to say they didn't want to see me to the FDR counsellor but they told the truth that they loved and missed me what they couldn't stand was the conflict. Which is what the father deliberately surrounds any situation where the children attempt to continue a meaningful positive relationship with me. Two weeks into our new time together, the father calls sapol when I arrive for said time before even opening the door and continued to assault me while ordering the children to watch. When sapol arrived they arrested me instead and placed an IO on me with the children included as protected persons. I have tried to dispute this all the way through as I have video and audio evidence of myself and the children being the persons in need of protection from the father. Apparently no evidence is considered until the matter is escalated to trial yet over a year and a half later I still have not been able to get to trial stage. Meanwhile, the first FCFCOA hearing finally before a Senior Judicial Registrar whom could make orders other than by consent - as the father will not permit the children to have any time contact or further relationship with me - the SJR ordered that the final orders entailing equal parental responsibility and the children live with the Mother to be suspended and made new orders giving the father sole parental responsibility and the c... Read more

]]>Tue, 14 Feb 2023 02:35:26 GMTMy ex agreed that I could be present for our daughters first day of prep (tomorrow) in flc on Tuesday his now saying because I breached his mum for her braking an ivo order (he had admitted to this breach in his newest affidavit to flc) his now saying I'm not to attend tomorrow at all. If he already said I could in court (wasn't put on the interim orders) does he now have any right to say I cannot attend? Tomorrow is legally his time allocated with her. I don't want to do anything that would make it appear that I'm being difficult or causing conflict as we have a 2 day trail coming up in a few months.  #parenting

]]>Thu, 31 Jan 2019 10:12:50 GMTNew amendments to the FLC Rules no longer permit annexure or exhibits to be attached to Trial affidavits.  The documents are now submitted separately to the Court 1 week prior to Trial.  How do you identify these documents in the body of the Affidavit?

]]>Fri, 21 Dec 2018 01:22:56 GMTWhen two parties decide to separate, it is important to keep in mind that time is of the essence.  The Family Law Act 1975 (Cth) and the associated court rules both require strict adherence to certain time limitations, all of which are important for parties to a relationship breakdown to be aware of.DivorceIn order to apply for a divorce, the parties involved must have been separated for a period of no less than twelve months.  This does not, however, mean that you and your ex-spouse must have been living separately for the entire period prior to making an application.  It is possible for parties to separate, but remain living under the same roof.Property proceedings (including Spousal Maintenance)Married PartiesAny application for property orders must be filed within twelve months of the date that the divorce order takes effect (this being one month after the divorce is granted).  If the parties are not yet divorced, there is no time limit on filing an application for property matters arising out of a marriage breakdown.De-facto PartiesAny application for property orders made by de-facto couples must be filed within two years of separation.  The parties must establish the date of separation, and if there is any dispute as to the date of separation (for married or de-facto couples alike), the Family Court will consider evidence made available by the parties, as well as any other independent evidence.In light of the above, it is important to note that parties can request leave of the Family Court to file an application out of time (particularly if there are extenuating circumstances which would justify a late application).  Section 44(6) of the Family Law Act 1975 (Cth) provides that leave may be granted, if the court is satisfied that: a) hardship would be caused to the party or a child if leave were not granted; orb) in the case of an application for spousal maintenance, the party's circumstances at the end of the standard application period were such that they ... Read more

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