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Parental responsibility ordered for non-parents in surrogacy case

In the case of Adair & Anor and Bachan [2017] FCWA 78 the Family Court of WA made orders granting parental responsibility for twin children to the biological father and another person. The Children were born overseas under a surrogacy agreement. The biological father, the First Applicant was not the legal father of the children […]

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Relocation decisions made April 2015 to March 2016

Latest relocation statistics from the Family court of WA. In the period from April 2015 to March 2016, there were 29 relocation cases in the Family Court of Western Australia. 23 of these cases were decided after final hearings, with 6 at the interim stage. Two of the final hearings were subject to appeals where one was dismissed and the other withdrawn.

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Allegations of child abuse

The decision of the Chief Justice Thackray of the Family court of WA in Western Australian Newspapers and Cuzens [2016] FCWA 6 provides a useful and succinct summary of the difficulties faced by parents, counsellors, lawyers and the Court when allegations of child abuse or risk of child abuse are made. View the decision here: […]

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Divorce Statistics for Western Australia - 2014

Divorce Statistics for Western Australia – 2014

Divorce in Western Australia On the 25th of November 2015, The Australian Bureau of Statistics released data for Separation and Divorce for the last year (2014). They indicated that 4518 applications for divorce were granted in Western Australia. This was a significant (14.2%) decrease on the previous years figure of 5268 and the largest decline […]

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Law report

Temporary Migrants and Australian Children

The Law Report on ABC’s Radio National presented a story on their program about foreign parents, Australian children and the path to a permanent visa. It discusses citizenship, rights and the discretion of the Immigration Minister to decide whether or not an Australian child can maintain a close relationship with both parents. When a temporary […]

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Appeal Costs

Appeal Costs: WA Court of Appeal affirms costs rules

Appeal Costs: WA Court of Appeal affirms costs rules – Case turns on own facts – no new principles In S v D [2014] WASCA 224(S) the WA Court of Appeal dismissed an application that the parties share costs equally in circumstances where the Appellant had been wholly unsuccessful. The court of appeal affirmed the general proposition […]

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WA Government to introduce new family violence restraining order

The ABC News Website has reported that a new type of restraining order is being introduced by the Western Australian Government to better protect family violence victims . The Family Violence Restraining Order According to Attorney-General Michael Mischin, the Family Violence Restraining Order (FVRO) was designed to reduce the onus on the victim to provide […]

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