Children’s Issues

Under the Surveillance Devices Act 2007 (NSW) recording a private conversation without consent is ordinarily illegal in NSW.  However, in Family Court matters the Court has discretion to permit evidence by way of recordings in some circumstances. In the case of Shelbourne & Shelbourne [2017] FamCA...

The Court determines what is in a child’s best interest by considering the matters set out in Section 60CC of the Family Law Act 1975. Under this section the Court is required to consider any views expressed by the child and the weight it should...

The area of law that establishes whether a donor is a ‘legal parent’ for the purposes of the Family Law Act 1975 (Cth) is an area of law that is still emerging. As to recent and current developments in this area of law, the High Court...

In parenting proceedings, the Family Courts may appoint an Independent Children’s Lawyer (or ‘ICL’) to advocate the views expressed by your children and concerns relating to your children’s care, welfare and development and to propose Orders that are in the best interests of your children. Independent...

The paramount consideration in all parenting matters is the ‘best interests’ of the children. The Family Law Act aims to promote and preserve the right of each child to know and have a relationship with both of their parents. Parents do not have “rights” addressed...