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MOTHER ALLOWED TO RELOCATE HER CHILDREN WHEN THEY WERE DEEMED AT RISK IF UNDER THEIR FATHER’S CARE

MOTHER ALLOWED TO RELOCATE HER CHILDREN WHEN THEY WERE DEEMED AT RISK IF UNDER THEIR FATHER’S CARE

Ferras & Eskrick [2019] FamCAFC 216 (1 November 2019) This is a case wherein the father appealed against the interim orders that allowed the mother to relocate with her children and to have sole parental responsibility for them. The order also suspended the father’s time with his children, except any agreement parties regarding it.  Facts: As a background of the case, Mr. Ferras (Father and Appellant) and Ms. Eskrick (Mother and Respondent) agreed that their child “X” would live with his father and would spend time with his mother during school holidays after becoming concerned about “X’s” behavior. However, after spending time with his mother, “X” did not return to his father. Mr. Ferra
FATHER’S TIME WITH CHILDREN REDUCED TO REDUCE CONFLICT

FATHER’S TIME WITH CHILDREN REDUCED TO REDUCE CONFLICT

Walsh & Maher [2020] FamCAFC 7 (16 January 2020) Facts: This is an appeal proceeding that arose from a parental proceeding between Mr. Walsh (Appellant) and Ms. Maher (Respondent).  Mr. Walsh appeals against the amended final order rendered by the trial judge in the Federal Circuit Court of Australia in the said parental proceeding that, among others, gave Ms. Maher sole parental responsibility for their children and reduced Mr. Walsh’s time to be spend with their children from five nights per fortnight to three on the ground that the trial judge failed to state reasons that reducing the time he can spend with his children is in the best interests of his children not to be exposed to his
"What happens when the Grandmother has been looking after the kids for a while and now mom wants them back?"

"What happens when the Grandmother has been looking after the kids for a while and now mom wants them back?"

CARLYLE & CARLYLE AND ORS [2019] FAMCA 214 (31 JANUARY 2019) This case involves the right of the mother to the custody of her 7- and 11-year-old children who live with their grandmother. ISSUES: 1. Whether the children should be placed under the care and custody of their mother. No. A minor is under the parental authority of his/her mother. In the exercise of that authority, she is entitled to keep the child in her company. There being no sufficient proof of any compelling reason to separate the minor from his mother, custody should remain with her. In this case, both children were exposed to domestic violence in the home of their mother. The mother had five violent partners and had
COURT FINDS A 17-YEAR OLD COMPETENT TO MAKE OWN DECISION ABOUT PHASE 3 TREATMENT FOR GENDER DYSPHORIA

COURT FINDS A 17-YEAR OLD COMPETENT TO MAKE OWN DECISION ABOUT PHASE 3 TREATMENT FOR GENDER DYSPHORIA

RYAN [2019] FAMCA 112 (16 JANUARY 2019)  This case is about 17-year old “Ryan” who was born female but identified as a male in 2015. He was diagnosed with gender dysphoria due to development of male characteristics and wished to undergo Phase 3 treatment for that condition. ISSUES: 1. Whether Ryan’s parents must give their consent to the administration of Phase 3 treatment to him for Gender Dysphoria.  Ryan’s mother believes that he can make his own decision and that he will benefit from the surgery. On the other hand, his father believes that he is only capable of making his own decision once he turns eighteen in 2020. He fears that Ryan will regret his decision.[1] The mother is the p
COURT ORDERS MOTHER CAN TRAVEL TO GERMANY WITH THREE-YEAR OLD.

COURT ORDERS MOTHER CAN TRAVEL TO GERMANY WITH THREE-YEAR OLD.

Irvine & Irvine (No. 2) [2019] FamCA 855 (20 November 2019) This case is about a mother who requested for the release of her child’s passports to her and about a father who asked that for the passports to be held by the Family Court Registry at Townsville. The mother also asked for permission for the child to travel in Germany.   ISSUES: Whether the passports of a three-year-old child could be released to the mother. Yes. According to Section 60CA of Family Law Act 1975, “In deciding whether to make a particular parenting order, the Court must regard the best interests of the child as the paramount consideration“[1]The Family Court of Australia ruled that the passport should be
When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?

When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?

FLAST CASE BRIEF : MADDOX & NEMET [2019] FCCA 1078 When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?This case involved a #Parenting dispute and the Court had to consider whether parents who cannot communicate ought to have equal shared parental responsibility for their almost 15-year-old daughter? How much time the girl should spend with her father in circumstances where the parents neither like nor trust each other?HELD : When I consider the evidence of the parties, which shows an inability to communicate in order to properly consult about major decisions to be made in relation to the Child’s welfare ..
Drunkard Mother loses custody in interim proceedings.

Drunkard Mother loses custody in interim proceedings.

FLAST CASE BRIEF : AQUARO & AQUARO [2019] FCCA 1140 This case involved #Parenting and interim orders where the Court had to consider competing parenting proposals with both parents wanting  the Children live with them.There were allegations of alcohol abuse by the Mother along with mental illness.  The Court needed to consider the best interests of the Children and whether there was an unacceptable risk.  The most serious allegations against the mother was on 6 February 2019 when the Mother drove a car with the Children in it whilst intoxicated when collecting the Children from school. Later that day the Mother was taken to the Town E Hospital by her brother and the maternal grandmother
REPEATED BREACHES OF AVO's must have consequences - Imprisonment is the Court's view.

REPEATED BREACHES OF AVO's must have consequences - Imprisonment is the Court's view.

In family law related cases we see all too often the problem of domestic violence against women and children who are in a vulnerable position as a result of the break-up.If an offender repeatedly breaches a bond and an apprehended violence order-imposed by the Court and continues to inflict violence upon a woman in breach of orders that involved similar past behavior and the same victim, he should expect to be imprisoned, and not for an insubstantial period.This applies especially in cases of the more vulnerable victims such as Unemployed persons, Person's cut off from friends and family, person's with disabilities.Even more so if it involves crimes against children, one of the statutory agg

Strangulation assault

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Father subpoena's the criminal record of maternal grandfather & restrains the mother from drug use, grants father interim custody.

Father subpoena's the criminal record of maternal grandfather & restrains the mother from drug use, grants father interim custody.

FLAST Case Brief : ANESTIS & KLEMM (No.2) [2018] FCCA 2622This interesting Family Law proceeding saw the Father subpoena the criminal records of the maternal grandfather and seek injunction against the mother due to her being a drug user,  the mother (and her father) objected to this on the grounds of relevance.The Court held that the mother do undergo supervised random urine analysis drug testing on no more than one occasion each month forthwith upon the request of the Independent Children’s Lawyer and do provide the results of same as soon as they become available and that such testing be collected in accordance with the chain of custody protocol specified in AS/NZ 4308:2008.That the m
When there are two children, each aligned with one parent and refusing to see the other.

When there are two children, each aligned with one parent and refusing to see the other.

FLAST CASE BRIEF : COFFEY & TILLMAN [2019] FCCA 1118 This was an unusual #Parenting matter  involving two children (16yrs and 13yrs) with two unsuccessful attempts at Court ordered family therapy. Each child was aligned and living with one parent and refusing contact with the other parent.There was agreed sole parental responsibility for each child to the parent they live with and it was agreed each child may spend time with and communicate with the other parent if and as they wish.Where children are voluntarily spending time with each other and the father seeks a court order for a further attempt at family therapy, the father seeks an order requiring children to spend time together in
Family Court imposes strict conditions of drug and alcholol testing for father to see child.

Family Court imposes strict conditions of drug and alcholol testing for father to see child.

FLAST CASE BRIEF : SYKES & GROFF & ORS [2019] FCCA 1079 We often hear about cases involving drug and alcohol abuse along with domestic violence, this case examines such a scenario, where the  court had to consider whether a father ought to have unsupervised time with a young child when there are serious allegations of family violence and drug abuse and he has failed to provide drug screens.  It was held that the mother shall have sole parental responsibility for the child and the child live with the mother. Conditions for father to see child :Within 72 hours of the date of these Orders, the Father shall make an appointment to attend for hair collection at an Australian Workplace Dru
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