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FLAST : Family Law Australia Support and Training.


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Following final orders of consent for custody (50/50) and schooling, my estranged wife agreed to all…
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  •  · Thanks Elisabeth (and everyone else). The Stat Dec is a declaration of fact. I agree which is why th…
In family law related cases we see all too often the problem of domestic violence against women and …
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Queensland judge granted a father custody of his three children while their mother was giving birth and unrepresented in court, despite the father having repeatedly ignored previous court orders.

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.

 
This was a bit surprising as there is an exemption for a s60i if both parties agree. Also the court has wide discretion to apply or dispense with court rules.
It makes no sense that the mother’s lawyer would object to parenting as likely to delay financial proceedings as ultimately parenting will be introduced into proceedings.
(There are always alarms bells when a parent only cares about financial and leaves parenting unresolved)
I suspect the judge didn’t want to hear the matter where parties and their representation don’t know what they are doing.
 
Is the court saying that evidence of the expert who ascertained the views of the children is unchallengeable and the foundation of those views and any conclusions cannot be tested?
This appears to be an issue of procedural fairness.
How does the court know that the views are genuinely held and not subject to parental influence or dictation.
The court perhaps should have afforded natural justice advising the applicant that if the application is held to be without merit that costs under s117 would likely be ordered.
 
If the son has POA and the father has no capacity. The POA would cease to function since only an EPOA or Enduring Guardianship can then function. And both are entirely different beasts
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

$6 million in legal fees: The high price of getting a divorce in Sydney

Family courts at breaking point as Chief Justice Will Alstergren admits parents face ‘unacceptable delays’

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