Blog post by Kate Bishop

With the passing of the Adoption (Review) Amendment Act 2016 (SA) recent amendments to the Adoption Act 1988 (SA) create a new option which until recently has been unavailable, namely the adoption of adult children.

Section 10A of the Adoption Act 1988 (SA) provides that a person above the age of 18 can be adopted provided the parties can prove to the Youth Court of South Australia that the parties have a significant parent-to-child relationship, and that the ‘child’ demonstrates an understanding of the consequences of adoption on his or her rights, interests and welfare. (more…)

In children’s matters, the Family Court has the power to make parties to the proceedings undertake drug testing through independent testing agencies.

Drug testing can be ordered to be conducted by urinalysis testing (the testing of urine for drugs) or through hair follicle testing (the testing of hair strands).

In circumstances where there are allegations of long term drug use, hair follicle testing is preferred to determine whether there is ongoing serious drug use. This can give up to three months of history. (more…)

On 11 April 2019, the Australian Law Reform Commission (ALRC) released its report entitled ‘Family Law for the Future: An Inquiry into the Family Law System’.

The Report is a culmination of work conducted by the ALRC following a direction of the former Attorney General George Brandis QC to refer the ALRC to make inquiry and provide report into necessary or desirable reform of the current System, “paving the way for long term fundamental reform to better meet the needs of modern Australian families.” (more…)

Anglicare WA runs a specialist program for separated parents called ‘The Mums and Dads Forever Program’. The purpose of the program is to assist separated parents to better co-parent children and develop their perspective of the separation from the child and other parent’s point of view.

The Family Court of Western Australia may make Orders for parents in high-conflict situations for compulsory enrollment for attendance and completion of the program. (more…)

Social media, in its various platforms, including Facebook, Instagram and Snapchat has pervaded and arguably intruded in all facets of modern life in Australia.

Indicative of this, a recent report by social media tracking website SocialMediaNews.com.au finds that, out of an estimated population of 25 million, 60% of the population are active Facebook users with 9 million active users of Instagram and 6.4 million Snapchat users.

While these platforms provide users with an incredible ability to network, share stories and keep in touch with one another in real time, social media has also both empowered and provided a platform for those with ‘an axe to grind’, allowing them to vent to a wide audience easily and quickly.

Social media posts as evidence

In the context of Family Court proceedings social media is now a key source of evidence, providing an insight as to the nature of relationships with everything posted or sent by an individual, including private messages on platforms such as WhatsApp, the subject of close scrutiny.

Furthermore, posts and messages containing negative and critical comments about a spouse during the course of Family Court proceedings can not only be used against a party in court but can be detrimental to progressing a matter towards resolution.

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So Does Telling Someone You’re In A De Facto Relationship Mean You Actually Are?  Well with statements made by a party to third parties or government organisations (most Centrelink and the ATO) which contradict their evidence to the Family Court may not be fatal to their application for a finding of de facto relationship status.

Put simply, telling someone you’re in a de facto relationship doesn’t mean you are (and vice versa).

This situation arose in Benedict v Peake [2013] FCCA 332 when a de facto wife who had previously asserted to Centrelink and the Australian Taxation Office she was not in a de facto relationship now sought to lead evidence before the Court that a de facto relationship had in fact existed for 17 years.

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The Attorney-General for Australia announced on 25 October 2018 that the Federal government will be amending the Family Law Act 1975 to enable de facto couples in Western Australia to ‘split’ their superannuation entitlements in property settlements following a separation.

This is welcome news to the Family Law Team at Culshaw Miller Lawyers who have long been concerned about the inequity of the current legislation to separated de facto couples in WA.

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You separate from your partner, and discover the property you resided in together and purchased during your relationship is registered in his sole name. Can lodging a caveat protect your interest in the property and prevent your ex from selling it?

What is a caveat?

In Western Australia, caveats may be registered against a property’s Certificate of Title to prevent certain dealings in the land. It may also notify members of the public of the caveator’s interest in the land. The individual, company or entity lodging it is called a caveator.

What does it do?

A caveat preserves and protects the rights of the caveator. It is similar to an injunction, as it restrains a person from selling, encumbering, disposing of or dealing with land.

It prohibits the caveator’s interest in the land from being defeated without notice first being given to the caveator. For instance, prior to instigating proceedings in the Family Court. A person may lodge a caveat over the former matrimonial home, even if that person is not named on the Certificate of Title – provided that person can show they have a caveatable interest in the property.

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The child’s best interests

Cases in which the Family Court has to determine whether a parent can move away with a child are referred to as ‘relocation cases’. However, there is no specific class of case or any law which specifically deals with relocation issues.

Like all parenting orders, the paramount consideration for the Family Court in considering a parent’s application to relocate with a child is the child’s best interest in all the circumstances.

In determining same, the Family Court must have reference to the principles and objects of the Family Law Act 1975 (Cth) (and/or Family Court Act 1997 (WA) in Western Australia) and the mandatory consideration of what is in a child’s best interests.

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