by Melissa Swain | Aug 6, 2011 | Family
Most family law matters that come before the court regarding children concern disputes as to where a child is to live, or how much time they are to spend with a parent. However in a recent Family Court decision, the Court not only had to rule on the amount of time two children were to spend with each parent, but was also forced to step in and choose the name of a two year old girl because her parents could not agree on a name.
The child’s parents separated before the child was born and there had been no agreement in what the child’s name would be. … Read More
by Melissa Swain | Jun 4, 2011 | Uncategorised
There have been some concerns in recent years regarding the notion of “equitable” rights over property. That is, the claim that one party holds a property “on trust” for the other party due to an alleged promise that the property would one day be passed on. This issue has been raised particularly where one party has been allowed to live in a house (and undertake renovations etc), with the often argued expectation that the house would one day be theirs.
In the recent case of Wheeldon [2011], the wife in a family law dispute sought a declaration that the husband’s parents held a property on trust for the husband. … Read More
by Melissa Swain | Apr 15, 2011 | Family
Whilst Australia prides itself on being a multicultural society and being accepting of the values of all cultures, the Courts have recognised that some practices may not always be in the best interests of children.
In a decision in late 2010, the Family Court of Australia restrained a 14 year old girl from leaving Australia, thus saving her from an arranged marriage to a 17 year old man she had never met. The Department of Human Services was alerted to the problem when the girl stopped attending school. After interviewing her, the Department was of the view that the girl did not appear to understand the consequences of marriage.… Read More
