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The Full Court of the Family Court of Australia chose to approve the divorce of Ms Price and Mr Underwood even though it was Mr Underwood’s case guardian who put forward the application for divorce. [Price & Underwood (Divorce Appeal) [2009]...

‘Relocation’ of children following a separation is a very hot and controversial issue for many parents and a common theme of applications to the Family Court. One parent may seek to move away for various reasons including financial hardship, to be...

When the responsibility for a child’s care is shared between parents or care-givers under parenting orders, issues can still arise over the child’s care arrangements. And in the event that a parent fails to return the child to the primary caregiver,...

Sometimes, parties to a divorce appeal the division of assets decided by a Federal Magistrate. In this case (Bishop & Bishop 2013 FamCAFC 138) heard on 6 September 2013, the division of assets had been decided after a 23-year marriage. The...

This case in 2013 involved the decision of the mother of a nine-year-old child to apply to change parenting orders made by consent in 2008, when the child was four. The father applied to the Full Court of Appeal to dismiss the application of the...

A recent case in the Family Court of Western Australia saw the primary care of three children aged 13, 12 and 11 awarded to the father’s ex-de facto partner rather than the children’s mother. This unusual outcome demonstrates that the child’s...

Have you recently obtained parenting orders? The law requires you to take an active role in encouraging your children to attend and live with or spend time with the other parent, which goes beyond merely ensuring that the children are available. It...