How The Court Decides Parenting Matters
In the making of any Parenting Orders, including Orders which prescribe who a child lives with, who a child spends time with, communicates with, the Court must regard the best interests of the child as the paramount consideration.
Conduct to Enhance Your Chances of a Successful Court Outcome in Parenting Matters
In a speech delivered at a recent Family Law seminar, Federal Magistrate Keith Slack set out the Judges' expectations of parties conducting their matters through the Courts and in particular, what conduct he views as enhancing your chances of a better outcome in parenting matters.
Children Parenting Arrangements
One of the most difficult aspects of a relationship breakdown is implementing arrangements for the children's well-being and their future.
There is no automatic rule that children should live with either their mother or their father after separation.
If your dispute involves children then the Court has the power to order that a Family Report (or Welfare Report) be prepared by a family consultant.
The Judicial Officer can direct family consultants to provide a report about the care, welfare and development of your child.
Facebook and Family Law
With an increased surge towards online and electronic forms of communication, potential litigants in Family Law proceedings should be careful that they do not significantly damage their case by placing material on Facebook which denigrates the other party or exposes private information that is privy to Family Court proceedings.
A number of recent Family Court decisions have dealt with evidence from Facebook. In a recent Family Law case, it was conceded that the mother had breached section 121 of the Family Law Act by posting material relating to her Family Law proceedings. An interim injunction was granted which required the mother to remove the material and prevented any further publication of same.
In a further Family Court matter, it was found that the mother's Facebook entries suggested she engaged in certain conduct to cause the father to incur larger legal bills. Consequently, she was ordered to pay $15,000.00 to the father.
Parties involved in Family Law proceedings need to be cautioned about the ill effects of such behaviour and really need to reality test such comments before posting them on a Facebook forum. What is clear is that the Courts are willing and prepared to consider material that is published on Facebook when making decisions relating to future parenting arrangements. So parents should heed the warning.
Liability limited by a scheme approved under professional standards legislation
This fact sheet is provided as a general guide only and should not be used or relied upon by any person without obtaining legal advice in relation to their own circumstances