Family Law Blog

There are many ways to have a baby including traditional conception, surrogacy, adoption and sperm or egg donation. With so many options, the law starts to become complicated when considering who the baby’s parents are considered to be. A recent case about sperm donation is likely to have some parents out there suddenly very concerned about their rights, and the rights of their donor.

Even if parents go through the lengthy and expensive process of obtaining Orders in relation to their children, it is a sad reality that one, or both, won’t comply with them. Although attending Court should always be viewed as the last resort, often a parent may need to bring a Contravention Application before the Court. As it sounds, a Contravention Application is an application to the Court indicating that the other party isn’t complying with an Order, and seeks Orders to address it.

Allegations of mental health often emerge in family law proceedings. It is more common in parenting proceedings, where one parent has concerns for the other parent’s care of the children due to the impact of mental health.

I frequently have client’s ask how they can change the child’s name, or, how to resolve a dispute where the parents cannot agree to change the child’s name.

The Family Law Act refers to parents having “parental responsibility” for the children of their relationship and the court may by Order, provide for that parental responsibility to be “equal shared” (that is, shared by the parents) or “sole” (that is, exercised by one parent).

The Family Law Court (“the Court”) recognises the period from birth to four years old is an important developmental stage for any child. The Court in making Parenting Orders often turn their mind to attachment theory, a social science concept that a child has a primary attachment to someone that provides that child with a sense of security and comfort (their mother, father or grandparents).

The role of a step-parent can be a tough one. Whether it is achieving the acceptance of their step-children or at times bearing the brunt of the conflict between their spouse and his or her former partner, it is definitely not a role that is straight forward. Building trust and deciding what role they will play in each other’s lives are often common problems when establishing a relationship between step-parent and step-child.