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 ..

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

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

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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

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

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

FLAST CASE BRIEF : BUSCH & DYER [2019] FCCA 956 In this unusual case involving a Property dispute and a marriage lasting less than 2 years with the wife who came to Australia in 2009 and achieved permanent residence in 2016 after her marriage to the applicant. The husband deposed that the parties always had separate bank accounts. He deposed that the wife made no contributions to the utilities, rates and the like of the matrimonial home, and that the parties were so to speak, financially separate throughout the relationship.The wife is now refusing to leave the matrimonial home until she got what she wanted, which is to stay until the end of this year or the husband pay her $25K to move

FLAST CASE BRIEF:  NOLL & NOLL [2019] FCCA 1083 This was an interim proceeding in a parenting matter before the Federal Circuit Court of Australia.  The father, by way of ABF Legal had made an application that the child lives with him and attend a local school,  there were issues of time spent with each parent, the mother was a registered sex offender represented by Thexton Lawyers.  Sometime shortly after separation the Wife went to stay in a house with some other occupants, one of whom was underage. On or about 6 April 2016 the Mother was convicted in the County Court of Victoria of two counts of sexual penetration with a child under 16. The Mother was sentenced by to a two year commu

FLAST CASE BRIEF : SERRANO & RAY [2019] FCCA 878 This case involves a Parenting dispute and the father withholding children due to allegations of child sexual abuse and child protection in breach of orders of the Court.The father’s affidavit material from last year, 2018, alleged that the child disclosed to him that she had sex with men at the mother’s home,  that was reported to the police and after some preliminary inquiry, the police did not make any further investigation.Child's disclosure :"...But at night, mum lets people through the window, and I don’t know anyone but mum. When I’m in bed, people touch me where I don’t like to be touched, like up and down."The Court considered th

FLAST CASE BRIEF : IBBOT & BAUMER [2019] FamCA 138 This is a family law matter concerning children and parenting.  The final judgment has been reserved and the father as made an #ApplicationInACase to re-open a trial that concluded on 16 November 2018 and for new evidence to be adduced.The father alleges that he has not seen or spoken to the two children (both boys) aged eight and five, since before the trial  and the orders currently in place do not provide for the children to spend any time with the father.  These orders were not sought to be varied at the trial while the judgment is reserved.The father filed an affidavit in support of the Application in a Case. In that affidavit the

FLAST CASE BRIEF: MICHAR & BAILEFORD AND ANOR [2019] FamCAFC 60 This is a family law matter that went all the way to the Full Court of the Court of Appeals in the Family Court.The father was seeking leave to appeal an order made by the Federal Circuit Court of Australia dismissing his application for leave to have his child support liability reviewed.  The father procedurally was required to seek leave pursuant to s.102A of the Child Support (Assessment) Act 1989 (Cth).Grounds of Appeal: Where the appellant father contends the primary judge erred by refusing him leave to review his application under ss 111 and 112(1) of the Child Support (Assessment) Act 1989 (Cth).The mother opposes th