For separated families, the festive season is often a hard time because it changes an occasion that brought their family together to an occasion which highlights that the family is now apart.
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I’m a grandparent. I want to spend time with my grandchild. What can I do?
Grandparents often play a significant role in a child’s life. The Family Court recognises the importance of the relationship between a grandparent and a child. In circumstances where a grandparent is not being afforded the opportunity to spend time with their grandchildren, a grandparent can make an application to the Family Court for ‘spend time with’ orders.
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Surrogacy family cleared of abandoning child in Thailand
The Family Court of Western Australia has ruled that the baby with Down syndrome at the centre of an international surrogacy dispute in 2014 (“Baby Gammy”) was not abandoned in Thailand by his Australian parents. Twins were born in Thailand in December 2013 to a Thai surrogate mother, using the Australian man’s sperm and donor eggs, after the Australian parents were unable to conceive a baby. The parents returned to Australia with one of the twins in February 2014 and
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Court orders cancer treatment for boy after parents refuse treatment.
A six-year-old boy will be given chemotherapy for a malignant brain tumour after an order from the Western Australian Family Court following his parents refusal for treatment. The West Australian reports that a doctor from Princess Margaret Hospital took legal action after the boy’s parents refused chemotherapy and radiotherapy for their son who was diagnosed with the disease in December. The Family Court ruled treatment should start the Sunday after the boy’s planned birthday party with the parents having also
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SA Supreme Court rules parent is not a criminal for smacking his child
On Monday the 22nd of March, the South Australian Supreme Court ruled that a father’s conviction for smacking his son, 12, had been overturned because causing pain during discipline does not “transform” a parent into a criminal. The Advertiser reports that Supreme Court Justice David Peek had quashed the father’s conviction for aggravated assault, saying his trial was “misdirected” on “the issue of parental correction”. The incident occurred during a lunch when the son “threw a tantrum” about his food
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Is mediation for me? Mediation in custody/ parenting cases
Are you involved in a dispute about your children? You are not alone! The number of cases started in the Family Court of Western Australia increased by 6% in the 12 months ending August 2015. You may not be aware that the current time that it takes for a matter to be resolved (at a trial) in the Family Court is 89 weeks from the time an application is first commenced. Rather than wait the 12-18 months to have the
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A Child’s view in the Family Court
In a custody dispute, does the Court consider your child’s views? How are they presented to the Court? What is a family consultant report (also known as a “wishes” report)? Parenting matters – the child’s best interests When the Family Court decides whether to make a parenting order[1], it must consider the best interests of the child to be the paramount consideration. In determining what is in the child’s best interests, the Court must consider primary and additional considerations which
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Myth busters… dispelling the top 10 myths of family law
We look at 10 of the most common assumptions made by people in regard to family law proceedings that are incorrect. Take a read of our family law myth busters.
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Parenting / Custody matters – What your Divorce Lawyer will need
Below is some information and documentation that you may wish to collate in advance of your first appointment with your family lawyer.
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To immunise or not to immunise?
That is the question, but what is the answer? Whatever your view on immunising your child is, do you know how the Family Court will rule in the event a dispute arises between you and your former partner? Please note the views contained in this article are not necessarily the views of the author or the firm but based on articles and facts sheets of experts from both fields and recent case law. Each case is unique and you should
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