Family Court Discharghes Father’s Recover Order on Appeal

Background In the recent case of Drew & Jensen [2017] FCCA 656 (13 April 2017) Judge Altobell considered an ex parte recovery order made by a Local Court. Father’s Submission The father obtained the initial order by alleging that the mother had escaped with their 5 years old daughter and 2-year-old son. With the intervention of the police, the children were removed from the mother’s care and delivered to the father.

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Court Finds Relevant “Circumstances” Exist to Justify Setting Aside Property Consent Orders

Background  In the recent case of Blackwell & Scott [2017] FamCAFC 77 (28 April 2007), the Full Court of the Family Court (Aldridge, Kent & Watts JJ) heard Mr Blackwell’s appeal in a de facto property case where consent orders were first made in February 2014.   February 2014 Consent Orders The 2014 Consent Orders provided for the de facto male partner to retain an investment property (K Property) and

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Court Declares Second Marriage Invalid under the Marriage Act

Background  In the recent case of Anouihl & Temke [2017] FamCA 325 (18 May 2017), Foster J heard an application by a married couple in a case where the parties were married in 2008 in a civil ceremony held at the Registry of Births, Deaths and Marriages in “Suburb D” NSW. In the following year, a religious ceremony was held which was celebrated with friends and family. After separation, the

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Mother Not Granted Injunction Restraining Father From Storing Firearms

Background  In the recent case of Manson [2016] FCCA 3485 (delivered 9 September 2016, but published 22 May 2017) Judge Myers heard a case where parents of two children had agreed on parenting issues except for one relating to firearms. Mother’s Submission  The mother sought an order restraining the father from storing firearms at his residence, fearing that the children would come to accidental harm, obviously contrary to their best

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Father Fails in Application to Restrain Mother from Using her Maiden Name for Child

Background  In the recent case of Ambrose & Bead [2017] FCCA 681 (21 March 2017), Judge Henderson heard the father’s application for an injunction restraining the mother from using any name for their pre-school aged child (“X”) other than the child’s registered surname (“Ambrose”). The mother had been using her maiden name (“Bead”) for the child’s surname since the child’s birth. The mother wished to continue to use that name

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Husband’s Appeal of Family Law Property Enforcement Order Granted to Wife Dismissed

Background In the recent case of Bebbington [2017] FamCAFC 31 (8 March 2017) Kent J heard the husband’s appeal in a case where consent orders were made in December 2015. The 2 December 2015 Consent Orders The relevant terms of the consent orders included that the husband was to transfer his interest in a property to the wife within 45 days and the wife was to refinance the mortgage secured

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Full Family Court Overturns Order Staying Canadian Child Maintenance Liability

In the recent case of Child Support Registrar & Vladimir and Anor [2017] FamCAFC 56 (31 March 2017) a Canadian Court made maintenance orders in 2011 and 2013 in favour of the mother (who lived in Canada) against the Australian resident father, which in 2014 were registered in Australia by the Child Support Registrar (“the CSR”) under s 13 of the Child Support (Registration and Collection) Act 1988 (Cth) (“CSRC

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Wife Wins Appeal Against Exclusion of Her Evidence as to Family Violence

In a recent case of Britt [2017] FamCAFC 27 (27 February 2017), the Full Court (May, Aldridge & Cronin JJ) heard Ms Britt’s appeal against Judge Terry’s order by which the asset pool of $2.2 million was divided as to 44.95 per cent to the wife and 55.05 per cent to the husband. In making this decision the Court considered the husband’s pre-cohabitation ownership of a farm. The wife relied on the case

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Wife’s Application for Order Setting Aside Binding Financial Agreement Dismissed

In a recent case of Kapsalis [2017] FamCA 89 (23 February 2017), Justice Rees heard the wife’s application for an order that a Binding Financial Agreement be set aside. In 2003, the parties began living together and made a “Cohabitation Agreement” on 19 March 2004. The parties signed an Agreement (under section 90B of the Family Law Act  (the “Act”)) on 4 May 2005, three days before their wedding. The

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Wife Declared Owner of the Parties’ Dog in Family Law Proceedings

  In a recent case of Downey & Beale [2017] FCCA 316 (2 February 2017) Judge Harman heard a property case where the husband and wife were able to reach agreement regarding all financial issues between them except for one issue with respect to the ownership of their dog. When it came to making a determination as to where their dog would live, His Honour identified that their dog is

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