
Insights & News
The Child Protection Convention
Imagine you are a parent living in the United Kingdom. You and your ex-spouse have agreed to parenting orders that allow your ex to move to Australia with your children…
Who's Fault?
From the date the Family Law Act began in 1976, fault as a ground for divorce disappeared.
Just Because We Love You
In this report we look at the situation when a parent to a party to the marriage or de facto relationship provides a gift to their child with no expectation of reimbursement or repayment.
Surrogacy - a risky business?
International surrogacy has been given extensive media coverage in the past week, largely in response to the case involving the Thai-born baby, known as "Gammy". Gammy is reportedly the biological child of a Perth couple, born to a 21 year old Thai mother through a commerical surrogacy arrangement brokered by a Thai surrogacy agency.
Hague Convention - "grave risk of harm" part two
In our last Newsdesk item we reported on the ground-breaking US Court of Appeals decision in Ermini v Vittori, and in particular the application of Article 13 of the Hague Convention of the Civil Aspects of International Child Abduction.
Hague Convention - "grave risk of harm" exception extended to loss of a child's ability to learn to talk, write and even read
In the past week the US Court of Appeals for the Second Circuit, citing an Australian High Court case, delivered judgment in the case Ermini v Vittori
A Death in Argentina
The I CARE Foundation is an organisation dedicated to stopping international child abduction and trafficking. It also issues newsletters to people who might be concerned in this, including our firm.
Child Support Appeals to the SSAT Confirmed as Like Opening a Pandora's Box
Most cases that are ultimately heard and decided by the Family Law Courts tend to involve either parenting or property matters, though other more complex issues do periodically arise.
High Court Ends the Pole Dancer Litigation
In an earlier newsdesk item (13 January 2014) we reported on the Full Court decision of Wallace v Stelzer, colloquially known as the "pole dancer case"
When is a Loan a Gift and a Gift a Loan?
It is extremely common for parents to help their children out financially, whether to assist them to buy their first house, or to provide an advance on their inheritance.
A Father not a Father?
It is not often we report on overseas cases except where they directly concern Australian law but this is an interesting exception.
Lodging a Caveat?
A caveat is a warning registered on the title to a property, warning anybody intending to deal with that property that the person who placed the caveat on the land claims an interest in it.
When is the Court's Consent Required for Special Medical Procedures?
In one of the few cases that have followed Re Jamie, the court in Re Spencer [2014] FamCA 310 considers whether a 17 year old child has the requisite degree of competence to give informed consent to stage-two treatment for gender identity dysphoria.
How to Try to Prevent International Child Abduction
We recently reported the signature by Japan and Iraq to the Hague Convention on International Child Abduction. Having to activate the Convention means having to do the best that you can to fix things up after the catastrophe of a child abduction.
National Agreement on Inter-Country Adoption
Following the release of a report on inter-country adoption by the Government in April 2014, the Australian State and Territory governments have reached agreement about a uniform process for inter-country adoption.
Iraq Ratifies The Hague Convention On Child Abduction
On 9 April 2014, Iraq acceded to the Hague Convention on the Civil Aspects of International Child Abduction, which now counts 92 Contracting States as members to the multi-national treaty.