In December of 2018 Justice Austin of the Family Court refused an application to nullify a marriage. The marriage occurred between two individuals, one of whom at the time of marriage identified as a female the other identified as a male. Neither of the spouses...
When parents separate they have the difficult task of explaining their decision to their children. Young or old, children are generally effected by their parents decision to separate and having a conversation like this needs to be age appropriate as children at different ages have...
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...
On social media recently, Natalie Imbruglia (of Torn fame) shared that she is pregnant with the help of IVF and a sperm donor. People who are looking to create a family through a donor can sometimes be swept up in the excitement of planning parenthood...
The Family Courts have the power to make Orders for DNA paternity testing in cases where a Father may wish to prove that he is or is not the Father of a child, or a Mother seeks to prove who the Father of her child. Under...
If you are considering going on an overseas holiday with your child they will need a valid passport. Before an Australian passport can be issued to your child, the law requires the written consent of both parents (or of anyone who has parental responsibility for...
A common question asked by our clients is: “do my children have a say in what parenting Orders are made?”. Your children’s views are generally presented to the Court by a Family Consultant in a Child Inclusive Conference Memorandum, Family Report or a report made following...
On 19 June 2019, the High Court delivered its judgment in the matter of Masson v Parsons 2019 [HCA] 21 and unanimously ruled that Dad is a Dad (and therefore a legal parent) and not a “sperm donor” because he was involved in the child's...
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...
In February 2019, a matter concerning the existence of a de facto relationship was considered in the Federal Circuit Court. In Adesso & Payton [2019] FCCA 343 Ms Adesso made an application to the Court seeking final orders for a property settlement and then the...
