Thinking of Breaching a Family Court Order? Read this case first A WA magistrate has just slammed a husband and father in the Family Court of WA with a sentence of 18 months imprisonment for contempt of court in MOLLOY and FOUST [2020] FCWAM 66 (17 July 2020). What is Contempt of Court? Generally, you are …
What can an ICL make me do? ICLs (Independent Children’s Lawyers) feature in a lot of highly conflicted cases in the Family Court, and they have a special role according to the Family Law Act (and Family Court Act, the equivalent for WA unmarried parents). Information about the ICL When an ICL is appointed you are …
One of the things that clients pay lawyers to do, is to help them ‘craft their case’. What that means is that lawyers take all the facts that their clients give them (plus any facts provided by outside evidence or even the other party) and establish a ‘case theory’. Case Theory Before you can build …
The Full Court of the Family Court of Australia has found that a trial Judge made an error, by deciding that a child was at risk of family violence based only on the fact that there had been family violence during the relationship that had ended 6 years earlier (Soulos & Sorbo [2019] FamCAFC 231). …
A recent Full Court of the Family Court decision has reinforced two really important principles of property settlement in Family Law, and ones that are particularly important to women: A Court must not under value the importance of homemaking and parenting as a contribution, even when that contribution is being made during periods of separation …
A big part of your first consultation with a family lawyer is the lawyer trying to explain something that sounds simple, but actually isn’t – the legal concept of parental responsibility. Deceptively Simple As parents, we instinctively understand that we are responsible for our kids. And then you walk into a lawyer’s office and …
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