Family Court: Obligations of parents in children’s matters

Family Court: Obligations of parents in children’s matters

In the recent Family Court case of Larvin and Larvin, Justice Cronin made orders on an undefended basis in a children’s matter, after making these comments:

Whilst there are very strong statements by this Court about financial
disclosure, not much is often said about parenting cases where litigants fail to
comply with directions and orders. In a number of ways, it is more important for
parties to comply with the rules and orders that would enable them and the Court
to have some meaningful opportunity to analyse what is best for the children. If
parties do not comply, a Court should not be reticent about striking
applications out and precluding participation. Children have a right to have
their futures settled as quickly as possible based upon comprehensive
information. A refusal or failure to provide that information leaves a court
with the difficulty of having to decide whether to pursue the information
itself. If a court is satisfied that there is sufficient information, it should
not be reticent about making orders even if it means limiting the participation
of an uncooperative parent.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Known sperm donor: can they claim parental rights?

A known sperm donor can make the path to parenthood feel more personal and familiar. However, knowing the donor does not necessarily make the legal position straightforward. Can that donor later be recognised as a parent? The answer is maybe. Australian law distinguishes between different circumstances of conception, including donation through an IVF clinic, home… Read More »Known sperm donor: can they claim parental rights?

Is a sperm donor a legal parent in Australia?

A sperm donor is not necessarily a legal parent in Australia. Equally, describing a man as a “donor” does not automatically mean he cannot be one. The answer depends on how conception occurs and, particularly with a known donor, the understanding behind the arrangement and what happens after the child is born. That distinction matters… Read More »Is a sperm donor a legal parent in Australia?

Paid sperm donation in Australia: is it legal?

Sperm donors in Australia cannot be paid a fee for their donation. They can, however, be reimbursed for reasonable out-of-pocket expenses. That distinction is the starting point for understanding what is lawful and what could amount to a criminal offence. Australian sperm donation must be altruistic. A donor can help someone have a child without… Read More »Paid sperm donation in Australia: is it legal?

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board