Fathers4Equality Australia: Recent Family Law Judgments


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	Recent Family Law Judgments - Cultural 1. Sohumba & Egan [2008] FamCA 778 (8 September 2008) Catchwords: FAMILY LAW - CHILDREN - Parenting - maternal aunt seeking parenting orders - central issue of alleged family violence and physical discipline in the father's household - the capacity of the father to meet the health and educational needs of the children - views expressed by the children as to with whom they wish to live - the nature of the relationship between the children and the parties - the willingness of each party to facilitate a close and continuing relationship between the children and the other party - whether equal shared parental responsibility is possible - need for the children to maintain link with their cultural heritage. Date Delivered: 8 September 2008 Before: Watts J Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Jurisdiction Family Court or Full Court of the Family Court (pre-2007) 2. Van Rodenberg & Carne [2008] FamCA 478 (27 June 2008) Catchwords: FAMILY LAW - CHILDREN - With whom a child lives - Cultural issues FAMILY LAW - PROPERTY Date Delivered: 27 June 2008 Before: Murphy J Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: AIF v AMS (1999) 199 CLR 160 CDJ & VAJ (1998) 197 CLR 172 Mazorski v Albright [2007] FamCA 520 Neil v Nott (1994) 68 ALJR 509 Secretary, Department of Health and Community Services v JWB & SMB (1992) 175 CLR 218 U v U (2002) 211 CLR 238 Jurisdiction Family Court or Full Court of the Family Court (pre-2007) 3. Naylor & Tauchert [2008] FMCAfam 455 (13 May 2008) Catchwords: FAMILY LAW - Child aged five years - final arrangements for care - presumption of equal shared parental responsibility - equal time - substantial and significant time - parties separated when child of tender years - assessment of child's relationship with each of her parents - cultural considerations - father Nigerian by birth - mother Australian by birth - overseas travel - best interests - considerations of practicality - whether review of orders appropriate. Date Delivered: 13 May 2008 Before: Brown FM Legislation Cited: Family Law Act 1975, ss.60B; 60CA; 60CC; 61DA; 65DAA; 65DAC; 69ZN Cases Cited: Goode & Goode (2006) FLC 92-286 Kuebler & Kuebler (1978) FLC 90-434 Line & Line (1997) FLC 92-729 B & R & The Separate Representative (1995) FLC 92-636 Jurisdiction Federal Magistrates Court 4. Addington & Koldsjor [2008] FamCA 143 (7 March 2008) Catchwords: FAMILY LAW - CHILDREN - With whom a child lives - Cultural issues Date Delivered: 7 March 2008 Before: O'Ryan J Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Goode and Goode (2006) FLC 93-277 B and B; Family Law Reform Act 1995 (1997) FLC 92-775 Mazorski v Albright (2007) 37 Fam LR 518 Jurisdiction Family Court or Full Court of the Family Court (pre-2007) 5. Liepins & Liepins [2008] FMCAfam 85 (11 February 2008) Catchwords: FAMILY LAW - Children aged 9 & 7 - final arrangements for care - parents agree that presumption of equal shared parental responsibility applies and that children should live with each of them for equal periods of time - resolution of disputes between regarding division of school holiday periods - dispute regarding major long term issue regarding children's cultural upbringing - parties unable to resolve whether children should attend Latvian School whilst in mother's care - parallel parenting. Date Delivered: 11 February 2008 Before: Brown FM Legislation Cited: Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA, 65DAC, 65DAE Cases Cited: H & H (2003) Fam LR 264 Jurisdiction Federal Magistrates Court 6. Toliver & Molina [2008] FMCAfam 43 (8 February 2008) Catchwords: FAMILY LAW - Children aged 5 and 3 - parties of Central African background - mother alleges father has been violent towards her and the children during parties' relationship - in June 2006 mother unilaterally and secretly relocated residence of children from Adelaide to Melbourne - father denies allegations of abuse and violence and that any proper basis exists to justify children's relocation - father seeks return of children to Adelaide and that they should live with him - mother seeks to live with children in Melbourne - competing applications for children to live with each of the parties in circumstances where one party proposes to live distant from the other parent - whether reasonable grounds exist to support allegations of family violence and abuse - presumption of equal shared parental responsibility - consideration of children having meaningful relationship with both parents - freedom of movement - best interests - considerations relating to children's cultural background - evaluation of parties' competing proposals. Date Delivered: 8 February 2008 Before: Brown FM Legislation Cited: Family Law Act 1975, ss.4, 60B, 60CA, 60CC, 61DA, 65DAA, 67N, 68L, 68LA Evidence Act 1995, s.140 Cases Cited: Re K (1994) FLC 92-461 Goode & Goode (2006) FLC 92-286 AMS v AIF; AIF v AMS (1999) FLC 92-852 A v A: Relocation Approach (2000) FLC 93-035 U v U (2002) FLC 93-112 Bolitho & Cohen (2005) FLC 92-224 B v B: Family Law Reform Act (1997) FLC 92-755 Briginshaw v Briginshaw (1938) 60 CLR 336 B & R & the Separate Representative (1995) FLC 92-636 H & H (2003) Fam LR 264 In the Marriage of Patsalou (1994) 18 Fam LR 426 J G & B G 19 Fam LR 255 Jurisdiction Federal Magistrates Court \| Fathers4Equality \| this page has been most recently updated on 14 October 2008