Vaccinate or litigate? The role of family law when parents can’t agree13 October 2021 | Family Law
With attention now turning to whether and when children should be vaccinated against COVID-19, a recent decision of the Federal Circuit Court of Australia provides a timely reminder that where parents are unable to agree about vaccination, the court will...
Co-parenting after separation – achieving better outcomes for the children30 June 2021 | Family Law
If you have separated or are thinking about separating from your partner, it is easy to lose sight of what is important and get distracted by the many issues you will be facing, particularly when it comes to parenting. BN’s Melanie Rubin and Bryan Do provide some guidance about things you can do...
Setting aside Binding Child Support Agreements – COVID-19, the unprecedented and ‘exceptional’ circumstance6 August 2020 | Family Law
The COVID-19 pandemic has had various and far reaching consequences. The global impact cannot be understated and the law has been no exception. A recent decision of the Family Court of Australia identifies one such impact to binding child support...
Who is a parent?5 August 2019 | Family Law
Scientific advancements in assisted reproduction, increased availability of donor material and growing cultural acceptance of surrogacy and artificial conception means that the definition of family, or who is a parent, is evolving very rapidly, but has...
Out of the mouths of babes: information gathered from children in family law proceedings29 August 2018 | Family Law
Children as reporters of fact pose a difficult problem for the legal system, as the system is fundamentally designed to test the evidence of adults. This article examines the available methods of providing the court with information from children in...
Children’s wishes in family law proceedings - relevant but not determinative10 April 2017 | Family Law
The High Court of Australia has recently reiterated that children’s wishes are relevant, but not determinative, in parenting proceedings arising under the Family Law Act 1975 (Cth) (the Act). The case of Boldemonte v Boldemonte delivered on 1 March...