Family Law Blog | Freedom Family Law

The nature of the separation: Who ended the relationship and was there a third party?

The nature of the separation: Who ended the relationship and was there a third party? The nature of a separation was seen as a…

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Belief that the Court “got it wrong” is no defence to a contravention application

Belief that the Court “got it wrong” is no defence to a contravention application In the decision of Gaunt & Gaunt (1978) FLC 90-468 the Full Court…

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The interim hearing stage and family violence

The interim hearing stage and family violence The interim hearing stage is a critical time for families where there is family violence and often…

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Family and other expert reports

Family and other expert reports can provide the Court with an independent forensic assessment of particular issues. Commonly these include the children’s relationships with…

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Vulnerable witnesses and managing the courtroom

Vulnerable witnesses and managing the courtroom Victims of family violence are often traumatised and vulnerable witnesses. To ensure parties are afforded fair and equal…

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Case conduct by decision maker and family violence

Case conduct by decision maker and family violence In every case, the decision maker MUST: In performing duties and exercising powers in relation to…

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Case conduct by parties and family violence

Case conduct by parties and family violence In every case, a party or parties MUST: If a party to proceedings is aware a family…

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Statutory framework and parental responsibility

Statutory framework and parental responsibility Orders concerning parental responsibility, with whom a child will live and with whom a child will spend time (and…

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How is abuse defined in the Family Law Act?

How is abuse defined in the Family Law Act? The definition of ‘abuse’ in the FLA was amended and came into effect on 7…

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How is family violence defined in the Family Law Act?

How is family violence defined in the Family Law Act? The term ‘family violence’ has been defined in different ways. To appreciate the context…

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Best Practice Principles for Use in Parenting Disputes when Family Violence or Abuse is alleged

Best Practice Principles for Use in Parenting Disputes when Family Violence or Abuse is alleged Introduction These Best Practice Principles are designed to provide…

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Overnight care patterns and the psycho-emotional development of infants and preschoolers

Study 2: Overnight care patterns and the psycho-emotional development of infants and preschoolers About Study 2 Study 2 draws on data collected as part…

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Patterns of parenting over four years post-mediation

Patterns of parenting over four years post-mediation – Key findings of Study 1 While it was not unusual for shared care to be the agreed…

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School-aged children in high conflict separation

Study 1: School-aged children in high conflict separation About Study 1 Study 1 drew on data originally collected in an intervention study that compared…

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Post-separation parenting arrangements

Post-separation parenting arrangements Patterns and developmental outcomes: Studies of two risk groups Jennifer McIntosh, Bruce Smyth, Margaret Kelaher, Yvonne Wells and Caroline Long ABSTRACT…

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Family dispute resolution

Family dispute resolution The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through…

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Contributions not weighed as heavily as sought by Wife

Contributions not weighed as heavily as sought by Wife The pool is in excess of $2 million. The difference between what the wife contends after…

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Summary dismissal of Father’s application for relationship and time

Summary dismissal of Father’s application for relationship and time Conclusion Even at a preliminary stage of these proceedings where the evidence is untested I…

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Father having a relationship and time with children not in their best interests

Father having a relationship and time with children not in their best interests Best interests of children: I have regard to all the…

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Private schooling refused – not in the child’s best interests

Private schooling refused – not in the child’s best interests The father opposed the proposal for X to undertake her secondary education at (omitted)…

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High risk parent – should child spend time with them?

High risk parent – should child spend time with them? Summary: Parenting – whether a child aged 9 should spend time with her father…

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Living the cult life – is this a risk for children?

Living the cult life – is this a risk for children? Observations of the Group In the original Child Inclusive Conference memorandum, family consultant…

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Contravention Application dismissed – no prima facie case

Contravention Application dismissed – no prima facie case CONTRAVENTION APPLICATION – REASONS FOR JUDGMENT Contravention Application – Introduction Contravention Application – On 23 June…

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Superannuation and divorce – great article from Peter Switzer

Superannuation and divorce – great article from Peter Switzer Superannuation and divorce Superannuation: “Yesterday, the team on Seven’s Weekend Sunrise asked me to help…

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