Another Successful Court result at FLMS

We appeared in the Federal Circuit Court recently on our client's application to set aside orders that were made in 2005.  The Respondent to the proceedings was insisting that the particular order which the Court was asked to set aside should continue to remain in force for her whole lifetime and that of the Applicant. This would have meant that the Applicant would continue to pay certain expenses of the wife which over time amounted to thousands of dollars. This was despite the parties having divorced some years ago and in circumstances where all of their children are now adults.

At the time the order was made our client was not represented and the orders drafted by the other parties solicitor were made by the court in circumstances where clearly they should not have been made for various reasons, not the least of which is that Section 81 of the Family Law Act provides that the Court should, as far as practicable, make orders finalising the financial relationship of parties and to avoid further proceedings between them.  If advice had been sought from us at the time we would have advised the client that the particular order was poorly drafted and should have been amended before he signed it.

You should ensure that you obtain legal advice before signing documents, particularly consent orders or other documents purporting to deal with property settlement, spouse maintenance or child maintenance issues.

We have a range of appointment options to allow you to get the advice you need within your budget.  At your initial appointment you will be advised of the options available to deal with your matter and the likely cost of pursuing those options.  There is no obligation to engage us to act further for you unless you wish to do so.

“Do grandparents have special entitlements to see or communicate with grandchildren?

Do grandparents have special entitlements to see or communicate with grandchildren?

We recently grandparents wanting to spend time with their grandchild but who were having difficulties in doing so because of the conflict caused by the breakdown of the relationship between the child’s parents.  In that case our client grandparents had an established relationship with their grandchild prior to the difficulties arising and it was clear that the grandparents were important people in the child’s life.  Ultimately, there was a happy result for the grandparents and the child as we were able to successfully obtain court orders for the grandparents to spend regular time with their grandchild. 

In year 2006 the Family Law Act 1975 recognised the importance of the role that grandparents often play in a grandchild’s life and the right of a grandchild to spend time on a regular basis with grandparents who are significant to their care, welfare and development.  These principles are set out in s.60B(2) of the Family Law Act 1975 and unless it would be contrary to a child’s best interests, a child has the right to regularly spend time and communicate with “other persons significant to their care, welfare and development such as grandparents and other relatives…”.

However, the Court does not always make court orders for grandparents to spend time with grandchildren.  Recently the Court refused to make a court order for a paternal grandmother to spend time with a grandchild in circumstances where both of the child’s parents had refused the grandparent to do so.  In that case the Court needed to consider if it was contrary to a child’s best interests if the grandchild was required by court order to spend time with the grandparent in circumstances when both parents had exercised their parental responsibilities in deciding that the child would not spend time with the grandparent.  The Court considered that because the grandchild was of a very young age and did not have any prior relationship with the grandparent and both the child’s parents had made the decision in exercising their parental responsibility for the upbringing of the child by the child not spending time with the grandparent to commence a relationship, that the Court should not interfere with the child’s parents exercising their responsibility as parents of the child.

If you need help with parenting arrangements, whether as a parent, grandparent or other person contact us to arrange mediation or if necessary help you apply to the Courts.  Call us now on 07 38043244

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