Posts
Latest Posts
CORONA VIRUS AND FAMILY LAW ORDERS - Reasonable excuse for contravening an order
Should you risk being held in breach of court orders by self-isolating with your children for 14 days and insisting the other party do the same? Could that 14 days be extended on reasonable belief it was necessary ?FAMILY LAW ACT 1975 - SECT 70NAE                  4 (a)  the respondent believed on reasonable grounds that the actions constituting the contravention were necessary to protect the health or safety of a person (including the respondent or the child); and                      (b)  the period during which, because of the contravention, the child did not live with the person in whose favour the order was made was not longer than was necessary to protect the health or safety of the pe
  •  · 
  •  · Anonymous
My ex has declared Im a beneficiary to property and rental to which I'm not, in essence lowering his taxation in a desperate bid to lower or cease his child support. It has worked. However, it is a fraudulent and false taxation lodgement. I have managed to find an accountant who did my tax, as Im solely on centrelink benifits which prove that the ex's is fraudulent. What can be done in FCC proceedings? This is simply continued family violence in a financial abuse perspective. I have the two seperate issues.......Child Support is now wrong assesment ( but they only go on tax lodgement) and the financial abuse side. Claiming I have benefited when I havent. I want to bring it to the Judges atte
This isn't a family law court question.  My friend has recently built in a small country town estate.  She has been having problems with her neighbours since building commenced.  More recently the neighbour is taking her dog to the back of my friends house to make her dog bark and then films my friends dog barking.  The land the lady is on is not her land and is not public land.  There are several vacant blocks on the other side of this neighbour that she could take her dog to however she refuses.  She will not speak with my girlfriend and even engaged a solicitor in relation to the dividing fence rather than speak with my friend, what had made several attempts to have amicable discussions w
Long story short...... property assets in dispute in FCC were transferred to ex's mother. Ex's Mother passed away. Ex is Executor of Estate. I put caveat on estate because of property transfers. Exs brother (also executor) put on a "caveat warning" to which i have 14 days to respond....... In Supreme Court. What is my next step? how do i present or appear in supreme court? Do i need to write an affidavit explaining why i want a hold on caveat? If so, what forms please? can i request an injunction in FCC for halt in grant of probate because of this? How do I apply "Harmon Undertaking" to my case if i want to produce affidavit evidence to Supreme Court to prove my ex is real owner and its in d
PARTIES SEEK ALTERATION TO ORDERS REGARDING THEIR PROPERTY INTERESTS
This case involves competing applications for the alteration of property interests. Facts: Each party sought orders for an alteration of property interests to end their financial relations. Ms. Metzer (the wife) sought a final adjustment as to 75% in her favor and 25% to the husband, an adjustment of 5% for family violence (Kennon & Kennon), and a further 10% adjustment for the s.75 (2) factors relating to her physical health and capacity. On the other hand, Mr. Metzer (the husband) sought 55% to the wife and 45% to him. He denied the wife's allegations of family violence. And he submitted that there should be no adjustment for the s.75(2) factors.   Issues: Should the Court grant the ap
THE COURT INCREASES CHILD'S TIME SPENT WITH HIS FATHER TO ENSURE NO UNACCEPTABLE RISK OF HARM WHILE LIVING WITH THE MOTHER
MAEDA & BEAULIEU (No.3) FEDERAL CIRCUIT COURT OF AUSTRALIA [2020] FCCA 217   In this case, the Court decides for the best interests of the child, who alleged that his mother assaulted him. Facts: Mr. Maeda (the father and applicant) applied a variation of the existing orders so that X (the child) should spend equal time with each party.  The application arose out of the child's disclosures to the family report writer that Ms. Beaulieu (the mother and respondent) repeatedly smacked him on the bottom, face, or head.  The mother, who had been undergoing treatment for some mental health, denies that she has struck the child.  She alleged that the child was coached by the father to make false
CASE GUARDIAN SOUGHT PROPERTY SETTLEMENT ORDER TO ALTER THE PROPERTY OF THE DE FACTO COUPLE
MYNATT & SIDDALL AND ANOR FAMILY COURT OF AUSTRALIA [2020] FamCA 40   This case involved an application seeking a property settlement order to alter the property, assets, financial resources, and liabilities of the parties.    Facts: Both parties have Case Guardians appointed to them.  Ms. B Mynatt (the wife’s mother and the applicant) was appointed Case Guardian for the de facto wife (“the wife”), diagnosed with major depressive disorder and PTSD. In contrast, Mr. Siddall (the husband’s father and the 2nd respondent) was appointed Case Guardian for the de facto husband (“the husband”), who had a mental illness and diagnosed with delusional disorder.  The applicant sought a property sett
COURT FINDS MOTHER’S PROPOSAL FOR A RESTRAINING ORDER AGAINST HER CURRENT HUSBAND ON A WITHOUT ADMISSION BASIS DISTURBING
HAGOS & CADMAN FEDERAL CIRCUIT COURT OF AUSTRALIA [2019] FCCA 3375 This case concerns where the parties’ Children live pending a Final Hearing. Facts: After the parties’ separation, final consent orders were made providing for the Children to live with Ms. Hagos (Mother and Applicant) and spend time with Mr. Cadman (Father and Respondent) two nights each fortnight, and one afternoon.  On 23 October 2017, X commenced living with his Father at his request.  The Father alleged Y disclosed Mr. D hit him across the face.  Mr. D’s youngest daughter, F, made disclosures about Mr. D sexually assaulting her.  The Father acted unilaterally in retaining the Children once he became aware of the alle
COURT GRANTED WIFE’S APPLICATION FOR THE FINAL PROPERTY ORDERS BY CONSENT BE VARIED DUE TO THE HUSBAND’S FAILURE TO COMPLY WITH IT
GREEN & WALL FAMILY COURT OF AUSTRALIA [2020] FamCA 15   This case concerns the parties' final property orders by consent, which the husband failed to comply with. Fact: The Court made final property orders by consent (Final Orders) that provided for Mr. Wall (Husband and Respondent) to pay Ms. Green (Wife and Applicant) $100,000 (First Payment) and $300,000 (Second Payment).  Contemporaneously with payment to the wife of the entire payments, the latter remove the lis pendens lodged by her in respect of a property situated in the United States of America.  Further, if the payments have not been made, for the husband to act and sign all the necessary documents to pay the wife from the hus
FATHER ASKS THE COURT TO PROVIDE TRANSCRIPTS OF THE PROCEEDINGS BEFORE THE PRIMARY JUDGE AT THE COURT’S EXPENSE
WARNETT & AMERSON FAMILY COURT OF AUSTRALIA [2020] FamCAFC 24   The case is about a father who sought an order that the Court provide the transcript of the proceedings before the primary judge at its own expense. Facts: Mr. Warnett (father and applicant) and Ms. Amerson (mother and respondent) are the parties in a proceeding concerning their 9-year-old daughter (child).  The primary judge in the said proceeding made a final parenting order, which the father has appealed against, that provided for the child to live with the mother and spend limited time with the father.  The father then sought an order for the Court to provide, at its expense, a copy of the transcript of the hearing befor
PARENTS IN DISPUTE ON THE TIME REGIME ARRANGEMENT FOR THEIR CHILD
MCAVOY & BACKERT FEDERAL CIRCUIT COURT OF AUSTRALIA [2020] FCCA 19   This case involves a parenting dispute about the best interest of the parties' child diagnosed with ADHD and has some related difficulties, including violent behavior towards his fellow students at school. Facts: Ms. McAvoy (mother and applicant) sought for the child to live with her and to spend time with Mr. Backert (father and respondent) from Friday to Sunday in one week and Wednesday to Thursday in the other.  It is the mother's position that it would be appropriate for the child to spend four nights per fortnight with the father. The arrangement would get the child in a routine in one house and then goes off to th
MOTHER ASKS PERMISSION FROM COURT TO ALLOW HER TO RELOCATE WITH HER AUTISTIC CHILD
HELMER & CASTAIN FEDERAL CIRCUIT COURT OF AUSTRALIA [2020] FCCA 20   This case is a parenting dispute about the best interests of the parties' son, who suffers from a developmental speech delay and is diagnosed as autistic in 2014. Facts: Ms. Castain (mother and respondent) sought from the Court to be permitted to relocate to Town B in Queensland with the parties' child, X, who has Autism Spectrum Disorder.  The child's autism meant that he could find it challenging to learn new information and understand verbal information.  He finds verbal communication difficult and needs assistance with emotion regulation, according to Ms. A (psychologist).  Therefore, he will thrive with structure a
SSL Certificates