It is clear that is an argument put forward by the mothers counsel.
So anyone in a similar position ought to consider "putting forward any fixed firm plans about how he would care for the children if they returned." as a pre-emptive strategy and cover the objection of how it "difficult for him to do so" as for the mother's child support well obviously if she is no longer the primary carer it will affect her eligability but that is an irrelevant consideration really.
There is little value in speculating. These cases and judgments serve as lessons for anyone with similar circumstances of what to look out for and where potential foreseeable risks are. For instance a person in a similar situation now may insist not only does the potential spouse have a lawyer advise them but also has a medical report from a psychologist to say they are of sound mind at the time they are signing. Ahhhh the joys ot true love.
New South Wales Police handed a domestic violence victim's entire phone data to her perpetrator, a man who is also a senior member of an outlaw motorcycle gang, in a case which legal experts say could amount to serious misconduct.
GP's short statement was correctly dismissed however I suggest the case should have been put off until a more qualified evidence was submitted (psychologist or psychiatrist) and order such a report.
The FACT is that this was very disappointing in that the % of long duration and expensive cases are believed to be driven by some by people that have cluster B personality disorders and therefore incapable of rational compromise is well known but not researched. The reason is not known however denial of a person access to the legal system due to a disability may be one reason or perhaps the legal system does not want that exposed and the money pit dry up! The use of litigation rather than therapy results in too much damage to the children and society (except for the law societies).
Former judges and legal support services have expressed their dismay at the "devastating" passage of legislation that will see the Family Court combined with the Federal Circuit Court, with claims survivors of domestic violence could end up "falling through the cracks".
Read the horrific text a bikie sent to his girlfriend that cops DISMISSED because it's 'common for women to make false allegations' - just five days before he bashed the mother to death with a metal fire hydrant
She wants sole custody, he wants 50/50, Court considers Family Violence a factor. This is a #Parenting matter with three children involved in a #bestinterestsofthechild case. The mother seeks sole responsibility while the father seeks...
This contract is referred to as a Cohabitation or more accurately a Binding Financial Agreement (BFA). Cohabitation Agreements are made between people who are living together or intending to live together but not intending to get...