burden of proof

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...

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:...

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 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...

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...

There was a dispute between a grandparent of a girl aged 3 years after her mother died of a heart attack and the father was involved in criminal charges.  The child lived with the paternal grandparents and...

A mother left the father when the child was aged 6 months and moved to a distant location overseas (relocate).  The parents disputed residence of the child.  When the child was aged 5 years a judge...

The father had arrived in Australia on a visitor’s visa and sought a visa for permanent residency.  The father had been in relationships with two women (Ms A & Ms D) within a 2 year period and...

A couple had three children aged 10, 9 and 8 years.  Interim orders had been made for the children to live with the father and to spend time with the mother.  When the case was reviewed...

When the parents lived together the mother had been unable to cope with her young daughter while the father worked, resulting in the couple separating and in an order for the child to live with the...

A father raised 37 objections to findings and rulings by a trial judge.  The appeal court noted that the father disagreed with the judge’s opinions and findings, and the father pointed out that alternative findings might...

The case involved an appeal by the mother where she was found to have contravened an orders without reasonable excuse.  The mother’s treating psychiatrist gave evidence that the mother had been diagnosed with an anxiety disorder, with...

A father alleged that a mother had contravened orders by failing to make their children aged 7 and 10 years available on seven occasions.  The mother had offered an excuse that the children had other activities...

The Full Court stated that when considering a proposal for a party to relocate a court cannot require the party to demonstrate compelling reasons to relocate a child’s residence (burden of proof).  ...Read More

The case involved a 4 year old girl whose parents had separated in the year of her birth, and who lived with the mother.   Several significant disputes between the parents were discussed in court.  The father...

Legislation in Australia allows people to apply for three types of intervention that affect family members: a parenting order from a Family Law Court (Family Circuit Court) a child protection order from a Children’s Court an...