Grandparent denied time with grandchildren

 
Recently a Brisbane  Federal Circuit Judge (sitting in Toowoomba) decided that an application by a grandmother to spend time with her grandchildren, in circumstances where both the children's parents strenuously opposed the grandmother spending any time with the children, was summarily dismissed.  In other words the Judge decided to end the application without allowing it to proceed to a final hearing. The particular facts of the case lead to the decision but the Judge's reasoning was partly that:

34. When I weigh up: the fact that the children do not have a relationship with their grandmother; the extent of the parents’ opposition to starting such a relationship; their joint exercise of parental responsibility in not wanting the children to have that relationship; and the potential for ongoing conflict; with: the potential benefit to the children of developing a relationship with the grandmother and extended paternal family; and the benefit to them of having a fuller understanding of their identity, I am satisfied that the former significantly outweighs the latter.
35. For these reasons I am not satisfied the grandmother has any reasonable prospect of successfully prosecuting her application and I would summarily dismiss her application.

The decision may read read in its entirety here

Parenting Court Cases - its about the children

Family Courts at Brisbane

PARENTING COURT CASES

There have been many occasions where the Family Courts have changed living arrangements from one parent (who has had the children in their primary care) in circumstances where false allegations have been made by one parent against the other and in many other circumstances - one such recent case is Halliday & Keese - This case also involved mental health issues as well.  The Family Courts primary consideration under the Family Law Act is the best interests of the children and the protection of the children from family violence and abuse - something which parents often overlook when applying to the Courts for orders which they believe should be made.

The Age article -Parenting

29 April 2014 - an article published about overnight time with children under 3 years. 

http://m.theage.com.au/national/empty-days-lonely-nights-20140428-37e3e.html

SMALL BUSINESS AND FAMILY LAW

Words of Warning - Family Law conflict and running a small business don't mix.  There have been countless times when we have seen the family income suffer as a result of the relationship breakdown.  Quite often the business has been the only income and employment of both parties. When separation occurs the results can have an extreme negative impact on the family's income and the potential complete failure of the small business.

Avoid court proceedings.  Where ever possible avoiding court proceedings can minimise the escalation of conflict. The best way to resolve conflict involving small business is to engage with lawyers who practice collaboratively or in the more formal sense of collaborative law.  The alternative is to engage in mediation with  or without the involvement of lawyers in the mediation process.

Commencing high conflict rigorous negotiations and/or court proceedings may put the family run business at risk of failure or financial loss and damage the relationship between the parties.

We understand these issues - contact us now Ph 07 3804 3244.

Free Advice - Why we don't provide it.

Many legal firms (particularly family law firms) offer a brief free consultation.  Most of our client's are looking for concise and considered advice, focusing on methods of resolution and consideration of their individual personal circumstances.  You can't achieve that in 10 or 20 minutes.  We offer a one hour consultation during which we can listen to your particular unique circumstances, give an initial advice about possible court based outcomes, and more importantly educate you about how to resolve issues without the necessity of going to court.

You won't get that in a free advice session.  What you are likely to get is a sales pitch and/or promises of outcomes that might sound attractive but ultimately won't be achieved at the end of the day.

So now you know why we don't offer free advice.  If it's free it usually has no value.  Get professional considered family law advice.  Call us now on
07 38043244 and visit our website at FLMS.

"Special Contributions - What's so Special.?"

New Family Court Case mentioned by Sydney Morning Herald

Read the story here -  The Family Law Act requires a consideration of the contributions of the parties to a relationship to be assessed in terms of financial, non-financial and homemaker and parents terms together with other facts affecting the parties and relevant to their particular cirucmstances.  The decision in this case is significant in that it has dismissed the application of the "special contribution" by the husband which is often raised in "big money" cases involving assets in the millions of dollars.  The matter reported on has been remitted back to the Family Courts for rehearing.

Assessing court based outcomes can be difficult to predict with certainty in some circumstances which makes it important to get early advice in relation to property settlement better still make your own decision and Mediate! - Call us to make an appointment.

The "Pole Dancer" case

Follow this link to a report about this case in which a man is attempting to set aside a prenuptial agreement.  Read the article

We will give a further overview of the case in the future and report on the appeal.   We continue to draft financial agreements and as this case has so far demonstrated,  a properly drafted agreement will be binding in the absence of appropriate grounds for setting it aside.  Contact us to discuss your financial agreement needs.