Briginshaw test and what it means for family law

Briginshaw test and what it means for family law “There is no mathematical scale according to which degrees of certainty of intellectual conviction can be computed or valued. But there are differences in degree of certainty, which are real, and which can be...

Jones v Dunkel Rule – what does it mean?

Jones v Dunkel Rule – what does it mean? After the judge had finished summing up a juryman asked a direct question seeking further guidance upon the significance of the fact that the defendant Hegedus could have given evidence and did not. His question was:...

Siblings reunited to live with their father

Siblings reunited – although siblings living separately to each other at time of final hearing, their best interests lay in living together with their father who was better able to regulate his own and the childrens’ emotions compared to the mother Exton...

Making decisions for your children when you separate

Making decisions for your children when you separate Sometimes parents feel that it is best for children to make up their own minds about where they want to live. Young children are not usually ready for this responsibility as they are not generally mature enough to...

Messy separations – how to avoid hurting the children

Messy separations – how to avoid hurting the children Things to avoid Children are usually very loyal and trusting so it is important to look at the ways in which you behave with them to make sure you are not abusing their loyalty and trust. Set out here are...

Family report recommendations weighed heavily by Court

Pierce & Percival Family Report Recommendations Family Report Writer The family report was Exhibit A. The family consultant who prepared the family report was Ms K. She interviewed the parties, the children, and the mother’s new partner on 3 August 2016. The...

Children, parental responsibility and the Family Law Act

Children, parental responsibility and the Family Law Act Children: When parents of a child under 18 separate, they both have parental responsibility for the child, subject to any court order. Shared parental responsibility differs from equal time. Both parents also...

Costs of children 2018

Costs of the Children Table 2018 Costs of children: What is the maximum amount of child support payable by: A payer who spends little or no time with the children There are 3 or more children The children range in age In 2018? Answer – $48, 213 per annum (or...

Prenuptial agreement disregarded in property settlement

Prenuptial agreement disregarded in property settlement Silcox & Silcox The “Prenuptial Agreement” As set out previously in this judgment the parties signed a prenuptial agreement on 31 May 1994, the day before the parties were due to be married. That document is...

Spousal maintenance capacity unclear

Spousal maintenance capacity unclear Stenner & Stenner (No 2) [2016] FamCA 146 (9 March 2016) Spousal maintenance – The following is annotated. For full case: http://www.austlii.edu.au/au/cases/cth/FamCA/2016/146.html This is an adjourned application for...

Spousal maintenance and high needs child

Tipping & Barrington Spousal maintenance and high needs child Spousal Maintenance (interim) and general observations from the Court as to the costs of protracted litigation. Regarding spousal maintenance, the Full Court in Bevan & Bevan (1995) FLC 92-600 at...

Spousal maintenance sought 4 years later

Spousal maintenance sought 4 years later Hackford & Hackford Spousal maintenance – what are the wife’s reasonable needs? And to what extent can she support herself? In determining the threshold issue in Section 72 of the Family Law Act 1975 (Cth) the Court...

Application to discharge spousal maintenance dismissed

Application to discharge spousal maintenance dismissed Ezard & Ezard Application to discharge existing Court Order and arrears I turn now to consider the husband’s application to discharge the existing order which requires him to pay spousal maintenance to the...