*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Family Law Review (Volume 3 Part 3) contains the following material:
Australia and the 1996 Hague Child Protection Convention – Michael Nicholls QC
This article describes how the rules about jurisdiction, applicable law, recognition and enforcement in the 1996 Hague Child Protection Convention work in children’s cases between the 42 states who are parties to it; how those rules have been brought into Australian law; and the effect of them on children’s cases in Australia.
This article assesses a parent’s ability to protract proceedings within family law litigation by knowingly making a false allegation of sexual abuse against the other parent. The family law system is well placed to respond to allegations of family violence and it is apparent that both adult and child victims of genuine family violence are well protected by the current system. What is not so clear, however, is the level of scope that exists for a parent to make a knowingly false sexual abuse allegation purely as a means of gaining a tactical litigious advantage; and what, in practical terms, that means for the subject child and falsely-accused parent. The article seeks to bring a level of clarity to the present ambiguity by identifying the significant flaws in the current approach. While further research is required, this article seeks to establish the issue of false allegations as being real, thus inviting further debate and consideration of the issue.
INTERNATIONAL FAMILY LAW – Judge Alexandra Harland (Ed)
- Surrogacy in California – A primer for Australian practitioners – Richard B Vaughn
- The 1996 Hague Convention on the Protection of Children by Nigel Lowe and Michael Nicholls QC – Judge Alexandra Harland
RECENT CASES – Judge Geoffrey Monahan (Ed), Dean Foley, Michelle Fernando, Olivia Rundle
- Roda v Roda (Property; Joint tenancy)
- Craig v Rowlands (Property; Defence Force Retirement and Death Benefits)
- Valentine v Lacerra (Parental responsibility; Non-parent; Airport Watchlist)
- Wilson v Wilson (Parenting; Relocation; Expert evidence; Child with special needs)