Principles of stay applications in children’s matters: Family Court

Principles of stay applications in children’s matters: Family Court

The Full Court of the Family Court in Aldridge and Keaton has helpfully set out the principles of stay applications:

The authorities stress the discretionary nature of the application which should be determined on its merits. Principles relevant to this matter include the following:

  • the onus to establish a proper basis for the stay is on the applicant for the stay. However it is not necessary for the applicant to demonstrate any “special” or “exceptional” circumstances;
  • a person who has obtained a judgment is entitled to the benefit of that judgment;
  • a person who has obtained a judgment is entitled to presume the judgment is correct;
    the mere filing of an appeal is insufficient to grant a stay;
  • the bona fides of the applicant;
  • a stay may be granted on terms that are fair to all parties – this may involve a court weighing the balance of convenience and the competing rights of the parties;
  • a weighing of the risk that an appeal may be rendered nugatory if a stay is not granted – this will be a substantial factor in determining whether it will be appropriate to grant a stay;
  • some preliminary assessment of the strength of the proposed appeal – whether the appellant has an arguable case;
  • the desirability of limiting the frequency of any change in a child’s living arrangements;
  • the period of time in which the appeal can be heard and whether existing satisfactory arrangements may support the granting of the stay for a short period of time;
  • the best interests of the child the subject of the proceedings are a significant consideration.
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

MRKH syndrome: how surrogacy can help you become a parent

MRKH syndrome means being born without a uterus. It does not mean that parenthood is impossible. For women with Mayer-Rokitansky-Küster-Hauser syndrome, often shortened to MRKH, the journey to understanding their body can begin at a young age. Many discover in their early teenage years, commonly around 14 or 15, that they will not be able… Read More »MRKH syndrome: how surrogacy can help you become a parent

Australian Overseas Surrogacy Births Hit Record High Again in 2026 — Here’s Where Families Are Going

Another record year for overseas surrogacy births For every child born through surrogacy in Australia, five are born overseas. Despite laws allowing altruistic surrogacy, the shortage of available surrogates within Australia has meant that the norm is to undertake surrogacy overseas, and the exception is to do so at home. A record 416 Australian children… Read More »Australian Overseas Surrogacy Births Hit Record High Again in 2026 — Here’s Where Families Are Going

Surrogacy statistics: why so many go overseas

Surrogacy is intensely personal, but the numbers tell an important story about how difficult it can be for intended parents in Australia. The central statistic is striking: for every child born in Australia through surrogacy, about four are born overseas. That is not a small difference. It points to a system in which many intended… Read More »Surrogacy statistics: why so many go overseas

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