Writing in the Australian, Trent Dalton discusses the case of suicide by the teen daughter of a convicted pedophile. According to her mother, Court orders which allowed the father overnight access to his children, providing his current wife or parents were overnighting…
The Family Court and kids at risk.
The Australian reports that the Attorney General has referred to the Family Law Council the issue of whether the Family Court should have greater powers to intervene in situations where abuse or neglect of children may occur. Child protection campaigner…
Family law: ‘in the best interests of the child’
Good overview how disputes involving children in Family Law are handled in the interests of the child. The majority of cases are resolved by processes outside the court, but the court’s role in more complex matters is also examined.
Recognition and Registration of Orders under the 1996 Hague Child Protection Convention
Re: P is a judgment by Moylan J (in his capacity as one of two judges from England and Wales designated to the International Hague Network of Judges) provides a practical guide to the procedure for recognition or registration of an…
Commercial overseas surrogacy more dangerous, Australian study finds
Release of research into overseas commercial surrogacy boosts the calls made by some local family lawywers to review Australia’s ban on commercial surrogacy. The study found that the rates of multiple pregnancies, premature births and miscarriages were higher than would…
Sperm donor need not be recorded on birth certificate.
Mondaq reports that in a recent Queensland case two female parents of a child were recorded as parents, with the name of the sperm donor removed from a birth certificate. This is the case even if only the biological mother, or…
Concern over cuts to legal aid in Federal budget
Ursula Malone reports for ABC News: “Justice Diana Bryant said access to legal aid was already a problem in the Family Court, and she was worried about the impact of a further $15 million in Commonwealth funding cuts outlined in…
Kane and the weakening of the “special skills” argument
Loretta Care writing in Mondaq discusses the decision in Kane ([2013] FamCAFC 205) where a party argued that his special contribution applied to an initial $1m+ investment, which increased it to a $3m+ value in 2 years entitled him to…
Conventional wisdom changing on shared care for children under 3
Bettina Arndt writing in the Age reports how recent research has challenged the notion, prevalent particularly in Australia for many years, that children under 3 should not stay overnight with more than one parent. This provides new hope for many…