Recent Family Law Cases

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There are a number of recent family law cases published by the Federal Magistrates Court.  A few of these family law cases are included below.


Salway & Hackley & Anor [2012] FMCAfam 1209
FAMILY LAW – Parenting dispute over child under two years’ old – mother Balinese and in Australia on temporary visa – possible final return to Bali by mother in December 2012 – child having lived with paternal grandmother and father since four months’ old – why mother gave child to grandmother – whether child should be transitioned to live with mother – whether child should return to Bali in December 2012 if transition not complete – consideration of objects and principles in s.60B of the Family Law Act – consideration of child’s best interests.  Click here to read this case.


Ordway & Ordway [2012] FMCAfam 1218
FAMILY LAW – Children – parenting – orders – interim orders – best interests of the children – parental responsibility – equal shared parental responsibility – sole parental responsibility – three children aged 16, 9 and 3 years – high conflict between parents – conflicting evidence – difficulty about making factual findings in interim hearing – serious conflict between parents – need to reduce the number of changeovers to limit opportunities for conflict – alienation – estrangement.

PRACTICE AND PROCEDURE – Directions for case management – estimated length of hearing – where both parenting and property matters in issue – whether proceeding should remain in the Federal Magistrates Court – whether proceeding should be transferred to Family Court – consideration of Protocol between Family Court and Federal Magistrates Court – discretionary transfer of proceedings to the Family Court. Click here to read this case.


Parer & Taub (No.2) [2012] FMCAfam 1250
FAMILY LAW – Parenting – delineation of parental responsibility – spend time with – meaningful relationship – transgender parent.

FAMILY LAW – Costs – application by party – application by Independent Children’s Lawyer – application dismissed. Click here to read this case.



Claire Naidu, Canberra Family Lawyer

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