ACT Family Law - Making Sense of Cases on Austlii

[goodgravy]

Hi there

After reading a suggestion by a member here to look at previous cases involving relocation on austlii to get a better idea of how cases play out and I have been doing just that. I find them quite confusing, though.

I can see where the judge has made orders or passed judgement (if that's the correct term in this context) but often I find it hard to see why they came to the conclusion they did. i.e. I can see all the considerations a judge has taken into account but not a paragraph justifying a decision. In fact, in some cases, it seems the judge says something along the lines of 'it would be detrimental for the children to not have a relationship with X and relocating would jeopardise that relationship' but then the family court orders in the favour of relocation with children.

Can anyone give me some tips on how to read these family law cases? Am I being dim?

Thanks in advance for any help.

 

[sammy01]

Nope you're not being dim. They are hard work.

Have a look at this one
Wilstrop & Wilstrop [2007] FamCA 1696 (11 December 2007)

So the bit at the top gives you a brief outline - Good place to start.

Then look at the "proposed orders." So in the example the outcomes is explained in the first statement - That the "Wife's application is dismissed"

Now scroll down to the "summary" So the first paragraph in this section (para 116) he says something about the best interest of the kids being a greater priority than the opposing in interests of the parents and magistrate finds that the best thing is for hte kids to stay putt.... He also explains the way he has interpreted the relevant sections of the family law act and how the law impacts on how he came to make a decision...

Have a look at this one.
Sadler & Sadler and Anor [2009] FamCA 974 (15 October 2009)
This one relocation was granted... In this one, the reasons are explained in the conclusion....

So short version - It seems where both parents have substantial care - relocation is less likely to be granted especially if the move would significantly impact on the time the kid spends with one of the parents.... In cases where one parent has minimal contact the magistrate is more likely to grant a relocation request.

 

[goodgravy]

Huh. Ok, thanks very much for that Sammy. Seems like the formatting is a bit inconsistent too (ie no single template) which makes them harder to wade through. Good to know it's not just me. (I wish there was a follow up section titled 'where are they now?'!)

And thank you for your summary about chances of relocation. I have been invited to a legal aid family law conference to discuss the ongoing parenting arrangements of my kids but I'm not sure what it's about. I currently have 50/50 shared custody/responsibility of three kids aged10-16 and while I know my ex wants to relocate with them from what the kids have said, nothing has been said to me. Hoping it wont get to court, but just wanted to see how these things play out.

 

[sammy01]

So if you've had 50/50 shared care I would not fancy the ex's chances of getting the court to agree to a relocation... But there are lots of variables...

With the youngest being 10 that kind of helps. If the other parent moved and the 16-year-old wanted to go too, you'd struggle to stop him/her.

 

[goodgravy]

Yes. That's what I figured. I've been reading through quite a lot of the threads here - it's a great repository - and many of your own responses are very useful. I'm going a bit off my original topic but do you mind if I ask you some questions about the legal aid conference and the whole court process? Trying to get my head around it.

 

[SamanthaJay]

I'm interested in reading through some of these as well - is there any way to search for particular aspects (that may be relevant to my own situation)? Or is it just a case of reading the first paragraph to work out any relevance?

 

[SamanthaJay]

Also, do the Federal Circuit Court's cases come under the Family Court section? I can't find a separate section.

 

[sammy01]

Go here:
AustLII Results - best interest

Then enter your search - I put in best interest... But if you put in relocation, you'll get some hits... It is a hell of a lot less friendly than Google.

 

[MartyK]

Also, do the Federal Circuit Court's cases come under the Family Court section? I can't find a separate section.

If you are using AustLII to research cases, you can narrow your search down by database. You can also put several catchwords into the search area e.g. relocation, tender years etc

Judgements will also provide you with a list of cases cited in the judgement e.g. Goode & Goode. It is a good idea (no pun intended) to also have a browse of some of these cases as they may provide you with the relevant case law.