A lawyer for a wife applied for a case guardian to be appointed so that a hearing could be re-opened and further evidence presented.  The wife had suffered a stroke resulting in loss of power to...

The appeal court ruled that a Court operating under the Family Law Act is restricted in making parenting orders for children who are in care of a guardian under a child welfare act.  ...Read More

A mother appealed an order saying that a family report prepared by a family consultant had not addressed all of the concerns raised by the mother.  The judge had suggested that some allegations raised by the mother...

A mother withheld a child as the child was ill and the father filed for a contravention a few days later. The Court ruled that for a person to have a reasonable excuse to withhold a...

A mother of children aged 7 and 5 years who lived with the mother was described as being very caring towards the children, and as being a devoted, patient and understanding parent.  The mother had excluded...

A mother was raised as Christian by her parents who had worked as missionaries.  The mother converted to Islam and met a partner who considered her to be a devout Muslim.  The couple married and had two...

A lawyer representing a father applied for two reports prepared by a family consultant to be set aside and for the family consultant to be discharged as the reports were not independent. The judge found that...

A father with epilepsy had no contact with a child aged 7 years for 3 years and applied to recommence visits in a contact centre.  The mother objected on the grounds that when the father had seizures...

The case involved a child aged 10 years who had lived with the maternal grandparent since infancy when the parents separated.  The father ceased contact when the child was aged 3 years.  The mother died when...

Three children including twins aged 6 years and a 3 year old infant had always lived in the primary care of the mother.  The father worked rostered shift work and he was an untested primary carer....

The case involved a 2 year old child whose parents were described as showing enormous suspicion, animosity and distrust towards each other.  The mother alleged mental illness in the father and the father doubted that the...

After separating the mother of children aged 4 years and 7 months lived 32 kilometres from the father who saw his children every fortnight.  The father re-partnered and the mother had difficulty adjusting to his new...

The request by a girl aged 14 years 7 months to spend time with both parents differed markedly from the proposals made by both parents.  The girl recognised that her mother might be reluctant to agree...

Parents of twins aged two years separated and the mother lived with her own parents and the children lived with the father.  The mother had been detained to a psychiatric hospital following the end of a...

Parents disputed which religion their children should be raised in.  After separation the mother had joined a Jehovah Witness church group and she held meetings in her house twice a week.  A son later told the...

A father of a 4 year old child was self-represented and conducted proceedings in such a persistent manner that the judge concluded that the father had single mindedly pursued his entitlements with a result that the...

A mother separated due to complaints of family violence.  The mother reported that the father was both controlling and emotionally abusive towards her in the presence of children aged 9 and 10 years, and that he...

The case involved a 14 year old who felt hopeless due to the ongoing conflict over him between the parents that had continued since the parents finally separated four years earlier.  The boy lived with the...

A maternal grandmother applied that children aged 3 and 5 years live with her and that she share in parental responsibility along with the parents (grandparent).  The grandmother had been significantly involved with both children since...

A complaint was made to the Registration Board AHPRA about the conduct of a treating psychologist. A couple had received couple counselling from the psychologist, then decided to separate.  The wife continued to see the psychologist...

The case involved a child aged 7 years with autism spectrum disorder who required a special diet and routine.  The mother submitted that contact with the father must be supervised by a person with special needs...

Parents of four children aged between 14 and 5 years had been in high conflict for some years.  The judge found that the father and paternal family had made 34 allegations to the child protection department...

The father was diagnosed with Aspergers Syndrome and evidence was given that this affected the father’s interactions with his children aged 11 and 9 years (autism spectrum disorder). The judge found that the father lacked the...

A mother applied to review orders that had been made two years earlier when the child was 2 years old.   The mother claimed changed circumstances as the child was now diagnosed with developmental delay that had not been foreseen...

A child aged two years had lived with the paternal grandmother since the age of 2 months.  The mother had hoped to obtain a spousal residency visa but had not been successful and was to due...

The mother appealed against an order for equal shared parental responsibility.  The father had not seen the child for 15 months before the trial, and did not attend the hearing (contact limited).  The judge found that...

Parents disputed the living arrangement of a child aged 4 years with mild autism.  Both parents acknowledged that the child’s behaviour was at times trying.  The father reported that the mother frequently became angry over the...

Parents had been separated for five years and the children aged 16, 14 and 7 years lived with the mother.  All three children had decided against spending time with the father, with no contact for four...

The children were aged 15 and 13 years.  The father was convicted of assault on the older child who subsequently did not want to spend time with or communicate with the father.  The father claimed that...

The family included six children under the age of 15 years.  The children did not spend time with their father following incidents of family violence.  Two oldest children lived with the paternal grandfather, and the grandfather...

Children were aged 8 years, 6 years and 18 months.  The children showed a stronger attachment to the mother as illustrated after they had been separated from the mother for a period of ten days. The...

Three children were involved aged 17, 14 and 11 years.  The children had lived with the mother and spent time with the father.  Communication between the parents was poor to the extent the mother did not...

Children were X aged 16 years who had Downs Syndrome (child’s disorder) and Y aged 15 years.  Most recent orders had required the children to live with their father and to spend time with their mother. ...

A family violence order had been taken about against the father whose children were aged 8 and 5 years.  The parents were a high conflict couple.  The father had participated in supervised contact with the children,...

The case involved two children aged 14 and 12 years who lived with their mother and had no contact with their father for two years (contact limited).  The children had an older sister aged 19 years...

The case involved a child aged 3 years who lived with the mother and spent time with the father, where the parents had separated a year earlier.  The father alleged that the child was at risk...

The case involved a child aged 13 years.  The parents were unable to communicate due to a history of family violence, and both parents had a history of significant alcohol abuse that impaired their parenting capacity....

The case involved two children aged 13 and 17 years who both showed high levels of anxiety.  The older child had suffered glandular fever for some years.  The father was assessed as having anxiety, and had been...

The father sought supervised time with children aged 9 and 6 years.   The mother alleged family violence and asked that the father have no direct contact with the children.   The children had witnessed an incident when...

Section 4AA of the Family Law Act indicates that a pair have a de facto relationship as a couple if they live together on a genuine domestic basis.  Topics to be considered by a Court include:...

Children aged 15 years and 13 years had lived with their father and spent time with the father after the parents separated.  The mother then developed a dependence on the drug methamphetamine and associated with criminals...

The judge issued orders to facilitate contact between a child aged 6 years and the father. The judge ordered the parties to engage a psychologist who was nominated by the ICL to meet the child for...

A mother was ordered to have supervised access with her child aged 13 years but she found it too difficult to meet conditions set by a contact centre.  The mother had alleged sexual abuse of the...

A child aged 7 years who lived with the mother refused to continue to spend supervised time with her father, and no contacts had been arranged for a year despite efforts (refused contact).   Both parents had...

The case involved three children aged 12, 11 and 8 years who lived with the mother and spent time with their father and his extended family at the house of a grandparent. Tensions arose over an...

A child aged 3 years lived with the mother and spent time with the father.  The judge ordered that the time spent with the father increase in a graduated approach according to the child’s age as...

Both parents were citizens of another country and applied to travel with their children to that country in alternate years so that the children could meet members of their extended family.  Initial orders allowed the children...

The case involved three children, one aged 14 and twins aged 12 years.  The oldest child had brought a knife to a handover and threatened to kill the father with the knife, saying that the father...

Both a mother and father were ordered to undergo urinalysis testing on 24 hours notice at their own expense.  If that testing revealed the presence of any illicit substances (substance abuse) then the parent’s time with...

  A child was aged 5 years at the time of the hearing.  When the child was aged 2 years the mother babysat both the child and another child.  When the parent  of the other child...

  The case involved a boy aged 9 years who had lived with his mother.  The mother re-partnered and had two younger children.  The father expressed concern that the child was exposed to family violence in the...

The father lived distant from a child aged 14 years. The judge found that the mother had demonstrated a willingness to facilitate a meaningful relationship with the father as the mother took a laptop into the child’s bedroom when the father...

  The case involved three children aged 8, 6 and 4 years.   The father alleged that the mother had over a long period of time before and after their separation threatened him and the children (family violence)....

  The parents separated before the child was born.  The child who was aged 7 years at the time of the hearing had lived with the mother for six years before a family court issued an...

Parents separated when a child was aged 4 years.  The father acknowledged family violence including threats to kill both the mother and child.  A final order was made for the child to live with the mother...

The mother and her young adult daughter alleged that the father engaged in family violence.  Evidence was given that the parents were a high conflict couple who exposed the child aged ten years to their arguments...

Parents of children aged 9 and 4 years separated.  The father re-partnered.   Soon after the mother reported that the children exhibited increased anxiety and the mother withheld the children.  The mother demanded that the father participate...

Parents separated after living together for about a year, and the child was aged 3 years at the time of the hearing.  The child’s name was registered as being named after the paternal grandfather.  However the...

A judge had ordered that children spend time with both separated parents, and that the mother have sole parental responsibility, with the father having contact supervised by an agency.  Supervised contact was ordered as the father...

The mother applied to commence further proceedings, but had been restrained from filing further applications to reverse orders except with leave of a judge.  The mother’s affidavit alleged child abuse by the father and domestic violence...

A mother experienced an ongoing period of severe mental illness after the birth of a child, where the mental illness impacted on parenting.  The mother had been diagnosed with ADHD as a child and took Ritalin...

Prior to the hearing when the child was aged 7 years, the mother had removed the child to a secret location and the father did not see the child for 2 years. Both parents alleged that...

The child was aged 6 years at the time of the hearing, and had been previously cared for by the mother, father and paternal grandmother.  The mother was aged 16 years when the child was born,...

The parents originated from European cultures and had two children aged 16 and 14 years.  The parenting arrangement for one child had been in place for ten years.  The father submitted changed circumstances and sought more...

A father appealed a parenting order and requested that two children aged 13 and 10 years spend more time with him. The father objected that as a family assessment report had not been formally admitted as evidence,...

There was an order for two children aged 14 and 11 years to live with their father and have supervised contact with their mother.  The mother applied to change orders so that the children live with...

The mother sought to change an order made in 2010 to cease ongoing supervised contact and to allow increased contact with a child aged 10 years.  The earlier order had required the mother to participate in...

Both parents migrated from Africa and separated after having a child aged 5 years.  Existing orders were that the child live with the mother and spend time with the father.  The father withheld the child after...

  Concepts used in family law courts to describe personalities of parents who brought a dispute to Court were studied, based on a sample of cases summarised in Complexfamilies. Concepts to Describe Personality The DSM-5 international system for classifying...

This article first describes traditional concepts about parenting styles, and then reports a study of parenting styles that are seen in a family law context. TRADITIONAL CONCEPTS OF PARENTING STYLE Researchers distinguish different broad approaches for...

A separated couple had 2 children aged 10 and 12 years. The children had been exposed to 5 years of bitter dispute between the parents. The mother alleged the father had a mental health condition that...

The judge drew attention to a letter the father gave to the children at the conclusion of a contact period.  The judge interpreted the letter as having overtones of being a farewell letter, a goodbye letter,...

  A mother alleged that two girls aged 3 and 6 years had been subjected to sexual abuse by their father. The mother submitted 169 items of information to support her concerns. The judge found that,...

A single mother of infant twins aged about 4 months observed lesions on the faces of the twins and she took the children to a doctor.  The lesions did not heal while the children were in...

Two professionals reported their assessments about attachments of a four year old child who had been removed from the care of his parents and had been in the care of foster parents for a period of...

A father applied for an infant aged 21 months to spend more time with him and less time with the mother who was the primary carer.  It was agreed that a 21 month old infant spend...

A child aged 9 years with severe developmental delay had lived predominantly with the mother since separation and spent alternate weekends with the father.  The father requested increased contact after he remarried (re-partnered).  The mother then...

The child aged 7 years had been in the primary care of the mother until the child disclosed incidents of family violence that had been perpetrated by the mother’s partner in a new relationship.  The child...

The mother was found to contravene orders on six occasions and was placed on a good behaviour bond with security....Read More

Parents disputed a parenting plan for a 3 year old child. The judge did not allow the father to submit his evidence comprising 1192 pages but requested a summary of 10,000 words. The mother reported observing...

Both parents sought orders that a child aged 9 years live with them. The assessor found that the parents had different parenting styles. The mother disciplined the child strictly as the mother found the child to...

A father submitted that the mother had contravened orders on 23 occasions.  The mother submitted that the father had made three contraventions of orders. Contraventions cited by the father included that the mother had not responded...

A child aged 7 years with a diagnosis of mild autism lived with his mother and spent time with his father (autism spectrum disorder). The father applied for an access plan to increase his time with the child....

The judge accepted an application for a subpoena sought by the father to inspect medical and treatment records held by a State Government regarding the mental health of the mother....Read More

The mother began an intimate relationship with her first partner when aged 16 years producing her first child (young parent).  When the relationship ended both parents were teenagers and both returned to live with their own...

The Court appointed a family consultant to provide a family report.  The father alleged that the family report contained factual inaccuracies and biases and linked this to the consultant’s religious beliefs, and submitted a request to...

The case involved a child aged 13 years who was diagnosed with ADHD and who took Ritalin.  The child had been on a week-about shared care arrangement with both parents.  Both parents had re-partnered.  The mother...

The case involved an infant aged 15 months whose parents separated when the infant was aged 2 weeks, and where the parents lived in different states.  The infant barely recognised the father during the hearing and...

The mother applied for an AVO against the father, stating that she was afraid of the father and this was the reason for her to contravene an order.  The father objected to the AVO saying that the...

Separated parents had children aged 13 and 10 years.  The father had a history of an episode of major depression and of suicidal tendencies.  The father had made threats to the mother and children and the...

A family arrived in Australia as asylum seekers with children aged 7 and 6 years.  The parents separated and the father was absent from the family for 2 months.  When the father returned he applied to...

The case involved a father who admitted using pornography but denied any suggestion of using child pornography.   The father had been acquitted of a charge of sexual misconduct involving his niece.  An allegation had been made...

Both parents sought primary residence of three children aged 8, 6 and 5 years.  A previous judge had made orders that the children live primarily with the father and live with the mother on some days....

A mother considered that children aged 9 and 6 years had been exposed to sexual abuse by the father. The parents agreed on a single expert witness to conduct a family report.  The expert concluded that...

Parents of a child aged 12 years referred the child to an assessing psychologist following their separation as the child was not coping with the separation.  The psychologist asked the parents to sign a form agreeing that...

The case involved parents of children aged 7 and 3 years.   Parents had been unable to make joint decisions on two major long term issues involving education and health care.  The mother wanted the children to attend...

Separated parents had three children aged 7, 6 and 3 years who lived with their mother.  The father applied for an access plan to increase the time he spent with the children.  Due to the children’s...

A couple had been married for several years and had two daughter aged 7 and 3 years at the time of the hearing.  During one year the father’s own mother died and the father did not...

The case involved a mother who was reluctant to acknowledge that her older child was exposed to a sufficiently grave risk that the mother needed to choose between protecting her child and have a continuing relationship...