Last week I spoke at a Legalwise Conference in Sydney on the subject "Relocation - How Far Can I Go?" which was very successful. Yesterday I appeared at the request of a solicitor, at a duty list, in a relocation case, due to the complexities of the case. The mother (my client) had unilaterally relocated, six months ago, from a large regional city to another state capital with her young child, over 1000 kms away. The father sought orders that the mother return with the child. The Judge ordered an 11F conference, which was carried out on the day. What was the outcome? What can we learn about relocation i.e. issues that arise, children's views, mothers (usually the parent who relocates) views/adjustments, when relocation is not permitted. What are relocation cases? The following is a snap shot of the answers to these pertinent questions! … [Read more...]
Hoping To Help: Know About Toxic Domestic & Family Violence in Family Law?
A husband installed spyware onto the wife's phone and computer, monitoring her daily activities and conversations. The extreme control (and other factors) eventually led her to leave the relationship and her very young son, due to fears for her and her sons' safety, if she took the child with her. I believe, at first blush this would appear to the Court (and others), that this mother does not have her child's best interests in the forefront of her life, by leaving him behind when she separated and therefore her parenting capacity is potentially compromised. What are some useful tips and resources to assist when confronted with the ever increasing issue of family violence (in its various forms) in family law proceedings? … [Read more...]
Are Relocation Cases In A Different Category?
I was recently briefed in a relocation case, where I represented a mother who wished to relocate interstate with her 7-year-old child, a 2.5 hour plane trip from Sydney and the father sought the child live with him. There had been a long 7 year court history, based on animosity and mistrust between the parties, where the child had been exposed to a disrupted care history and knowledge of the level of acrimony between the parties. The mother had unilaterally relocated interstate, with the child, when the relationship broke down and she was subsequently Court ordered to return to Sydney. However, five weeks prior to final hearing the mother's case altered from a 'live with' case to a 'relocation interstate' case. Did the relocation issue mean the Court had a different category of case to determine? … [Read more...]
5 Valuable Tips To Make You Navigate The Surrogacy Minefield More Easily
Interestingly, Australia is the largest user nation globally of cross-border commercial surrogacy even though there are sanctions for residents of NSW, Qld and ACT who engage in commercial surrogacy. The long standing debate about whether commercial surrogacy should be legalised in Australia continues, to date, without resolution. Presently, the legislative pathway is difficult (and often produces unintended results) and can be ambiguous in its application. In addition, judicial decisions are diverse when commercial surrogacy cases come before Federal Courts. How can you, as a family lawyer, navigate surrogacy matters for the best possible outcome? … [Read more...]
7 Handy Hints To Assist Busy Lawyers Comply With Court Timetables
Are you a compliant lawyer, where you plan your work according to the courts directions and file/serve your evidence and material as directed? Or are you a lawyer who is constantly late when filing/serving your material and find it difficult to keep in step with the courts timetables? What can be the outcome for a family lawyer who habitually default with court directed timetables? What options are available for a compliant lawyer in such circumstances? Here's a few simple tips to assist keep matters on track and reduce delays. … [Read more...]