Separated parents often seek to finalise the care arrangements of their children by way of orders. These orders can either be made by consent or by a judicial officer following a trial. There are certain situations which give rise to final parents orders being challenged and subsequently amended.
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The impact of Covid-19 has seen many services introduce provisions and alter usual practices, in order to combat the restrictions and risks of the pandemic. Child related supervision agencies, including supervised handover and contact services, are at no exclusion.
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In deciding whether to make a particular parenting order in relation to a child, the Family Court regards the best interests of the child as the paramount consideration.
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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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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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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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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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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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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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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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