Szabo & Associates News & Updates

As recently discussed, disputes over the family pet in a separation appear to be becoming more frequent. Even in the most amicable of divorces, some things cannot be split down the middle!  Can the uncertainty be prevented?

Background

In parenting matters, supervised time with a parent is a common order made by the Family Court where it is considered there is a risk of harm and a need to protect a child. The recent case of Elias & Elias (2019) FamCAFC 53 required the Full Family Court, on appeal, to consider the issue of supervised contact and the grounds for it.

Background

On April 17^th The Australian (“Custody case tests who is parent”) reported on a landmark case that has the potential to change the legal status of parenthood in Australia. The case involves a sperm donor who is attempting to prevent a lesbian couple from relocating to New Zealand with his daughter.

The process of separation is difficult. It is often a time when emotions and conflict are at their highest.

Section 128(1) of the uniform Evidence Acts applies where a witness objects to giving particular evidence that "may tend to prove" that the witness has committed an offence under Australian or foreign law or is liable to a civil penalty. It contains a version of the common law privilege against self-incrimination which entitles a person to refuse to answer a question or produce a document if the answer or production would tend to incriminate that person. If the court determines that there are reasonable grounds for the objection, the Court is obliged to give the witness a certificate which prevents the evidence from being used against the witness in any proceedings in an Australian court. A certificate is, for example, sometimes sought to protect a client from charges of tax fraud.