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...
How to prevent the risk of international child abduction in family law matters6 April 2017 | Family Law
With the number of kidnapping cases rising and children being unlawfully taken overseas, divorced and separated parents are being urged to look for the warning signs, according to a leading international family law expert. Barry.Nilsson. Special Counsel...
Family law issues facing schools23 November 2016 | Family Law
Schools often find themselves caught in the cross-fire between warring parents in conflict with one another with respect to their school-aged children. Common queries we receive from parents and/or schools are as follows: What is the typical process in...
Vaccinating your child – when parents don’t agree3 May 2016 | Family Law
Vaccination is a hot topic politically, but what happens when parents have different views with respect to the vaccination of their children? In situations where the dispute cannot be resolved, parents may make an Application to the Family Courts seeking...
At what age can a child tell the Court with whom he or she should live?19 November 2015 | Family Law
Over the years I have been asked this question many times. Clients are often armed with the opinions and advice of friends, associates and relatives, who have suggested a child anywhere between the ages of 12-16 should have the choice and be able to make...