FAMILY LAW – APPEAL – NULLITY – Where the appellant appeals an order refusing the grant of a nullity – Whether the primary judge erred in his application of the Marriage Act 1961 (Cth) – No error demonstrated – Where the appellant asserts that the primary judge erred in his findings as to the mental capacity of the respondent to consent to marriage at the time of the wedding – Where it is unnecessary to consider this challenge as the further evidence adduced by the appellant establishes that the respondent was not capable of consenting – Appeal allowed – Marriage between the appellant and respondent declared to be a nullity.

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Application to adduce further evidence – Where the evidence was not available at the time of the trial - Evidence of the respondent’s mental capacity to consent to the marriage –Where the respondent’s treating psychiatrist deposes that the respondent suffered Wernicke-Korsakoff syndrome with paranoid schizophrenia – Where the respondent was therefore found to be incapable of giving relevant consent or ‘real’ consent at the time of the marriage – Where the respondent was found not to be able to understand the nature and effect of the marriage ceremony – Where the evidence therefore demonstrates that the order under appeal is erroneous – Application allowed.

Need help with a Family Law Investigation? Call (07) 3807 3807 or gethelp@familylawinvestigations.com.au

New figures released by the state government show an increase in contraventions of domestic violence orders in Queensland's busiest magistrates courts across a four-year period.

However, this surge in offences has showed signs of slowing in the past year.

It was a similar story regarding domestic violence applications lodged, with the numbers having plateaued following a 35 per cent increase during the previous three years.

It was also revealed more than a quarter of domestic violence applications were lodged by men.

The statistics, released on Sunday, show the number of domestic violence cases and offences for a group of Queensland Magistrates Courts that have dealt with the highest numbers of each.

See the full Sydney Morning Herald article online.

If you need assistance with a domestic violence related matter, call Family Law Investigations on 07 3807 3807 or gethelp@familylawinvestigations.com.au

One of the issues which confront women who have been victims of violence, is their capacity and ability to contribute to the decision to commence and seek a remedy via civil or criminal proceedings.

We know in the modern day though, that domestic violence in all its forms is designed to result in dis-empowerment of both women and men, whereas in the past the courts and "the system" have been inclined to focus only on the issues confronting women, believing the issue to be exclusively gender based, not situational.

Having said that, it is true that the main perpetrators of domestic violence are in fact men, and that the victims are usually their female spouses, and their family members, including children.

However, as I mentioned earlier, in todays world the reportable instances of domestic violence in the gay and lesbian communities are rising, as are the instances of men being the victims of violence perpetrated by women.

There is no such thing as a perfect storm in the world of domestic violence and in reality, any one of the people we know, men, women and children alike, are all capable of cruelty (domestic violence) given the conditions of environment and influence.

One rising issue for victims is the ability for authorities to take decision-making away from them when it comes to the defining moment in the brief of evidence to prosecute a civil or criminal case against the perpetrator.

For this very reason, Family Law Investigations services are vital to ensure that the wishes of the aggrieved spouse or family member are well articulated and that there is a capacity for the perpetrator to be appropriately dealt and to ensure that the perpetrator is held to account for their actions, but more importantly, that the victim is able to apprehend a sense of justice and re-gain the power over themselves and their ability to stand in the face of adversity (the perpetrator).

Any other decision-making strategy without the victims input could potentially serve only to exacerbate the feeling of disempowerment and truly defeat the very purpose of the effort to protect the victim.

If you have any domestic violence matter you would like some assistance with, please contact Family Law Investigations on 07 3807 3807 or gethelp@familylawinvestigations.com.au

Ask about an easy payment plan, we are just hear to help.

Some years ago there was a change in the Child Support Scheme (CSS) which essentially resulted in non-custodial parents (most often fathers) having the responsibility of financial support for children moved to them from the tax payer.

Perhaps as a natural consequence, the non-custodial parents who had re-partnered most often enjoyed the benefit of fresh support from their new partners.

Whilst many of us would consider the financial support of our children a basic act of moral obligation, there is no doubt an unjust air about the arrangement and the underpinning emotional torment most often perpetrated by the custodial parent, sometimes by design, sometimes through no other means than the non-custodial parent's imagination and sense of entitlement.

If you have a matter that you need help with concerning child support payments, call Family Law Investigations today and arrange a consultation on 07 3807 3807 or gethelp@familylawinvestigations.com.au

To many, today is just another Sunday, wake from a slumber late, wrestle with the kids, eat a breakfast too big and too greasy to satisfy that diet we started last week and all this before a long lunch, lounge on a secluded beach or an adventure the kids will remember for a life time.

But sadly, the story-book Sunday is becoming an elusive dream for many and an increasing yearning for a return the “normal” life for so many more of us who fall prey tp the growing popularity of broken homes and dysfunctional families.

Sunday is often the day children are transported between homes in the ritual of family law orders concerning parenting responsibilities and sometimes, the orders can be so unfair on the surface of it, that the interests of people (parents) are cast aside, or so it would seem if you’re unfortunate enough to be the ill-affected party who only has limited access to your children.

Family Law Investigations is available to help out families to bring together evidence and information to assist the court in making orders that will result in an order or series of orders that are made in the best interests of children as a paramount consideration.

This can even include the pre-draft of consent orders for each party to consider, saving you thousands of dollars in legal fees for the leg work that simply must be done.

If you would like to get some more information about our services and how we can help you with a family law Investigation, call our office on or email gethelp@familylawinvestigations.com.au today.

There are three important principles that are generally applicable with respect to income:

1. Changes in income amount should be the subject of an estimate if an estimate will resolve the issue;

2. This ground is not limited to changes in income amount;

3. taxable income is only prima facie evidence as a person's income and earning capacity.

The following factors are relevant when considering the extent of financial resources:

1. Differences between cash flow of business in the profit and loss statement, for example, the effect of depreciation

2. Amounts paid in superannuation

3. Amounts paid related persons or entities

4. Amounts retained in companies or trusts

5. Non-taxable income

6. Termination payments

7. Capital gains and capital resources.

in considering income and earning capacity cases, it is important to distinguish between cases where the decision relates to the extent of income or financial resources, and those that relate to earning capacity that is not being exercised.

An appropriate framework for considering income earning capacity cases was set out in W & W [2005] FMCA fam 295.

"a) the ability to generate income;

b) the opportunity to generate income; and

c) whether the parent's pursuits are appropriate in the circumstances".

Family Law Investigations is regularly contacted by aggrieved parties, who perceive that their former partner is withholding on their obligations to provide for their children (the children of the past relationship).

One of the most common requests Family Law Investigations receives from clients is to assist clients with determining is to assist the income and earning capacity of former partners.

If you would like assistance with such a matter please call Family Law Investigations on 07 3807 3807 or gethelp@familylawinvestigations.com.au

Without a doubt, Sunday is the toughest day of the week when you're going through the family law process after a relationship breakdown, especially where it concerns children.

Too often we hear of parties in family law proceedings falling victim to depression and anxiety, bought on by the long and difficult negotiation through the family law system.

Sunday is especially difficult because, if we think about it, it's the day children are in transit between parents and often the day at least one of the parents is left alone in an empty nest, and left to the torment of loneliness and sometime the feeling of utter hopelessness.

If you have a situation concerning a family law investigation, please call Family Law Investigations on 07 3807 3807 or email gethelp@familylawinvestigations.cm.au

We are here to help and we can keep your legal expenses down to ensure you and your family have the best chance possible to reach fair and equitable outcomes, and produce outcomes in the best interest of children, without the argy bargy of legalism.

We all go through life believing that, at least for the most part we are justified in our actions and behaviors, and at times we even think it's acceptable to raise the bar on aggressive behavior in our homes.

Of course in the perfect world, none of this is true and society norms are such that domestic violence is the great evil perpetrated by men against women and children.

In the real world, each of us has been guilty of some form of domestic violence during our lives and none of us is any more or less at risk of perpetrating or becoming a victim of domestic violence than any other person or party to a proceedings, regardless of our gender or age.

Family Law Investigations can help you assess the evidence available to you or that you have been asked to explain during a proceeding.

If you have been served with a Domestic Violence and Family Protection Order you will no doubt be affronted by the mere suggestion that you are a violent person. None of us easily admits to it, but the truth is each of us has committed domestic violence at some time and it is always a healthy choice to get meaningful help, not token relief.

The assistance you need is to explain your actions in a manner that is most likely to assist a Court to reach a just conclusion and one that ensures the best interests of any child remain the paramount concern.

Conversely, if you are the victim of domestic violence, sometimes it can be difficult to know where to turn and this is another issue Family Law Investigations can assist you with.

If you would like to get some assistance with a domestic violence related matter, please call our office on 07 3807 3807 or simply email your enquiry to gethelp@familylawinvestigations.com.au

If you are at risk of domestic violence please call 000 if the threat of domestic violence imminent or alternatively contact your nearest or for assistance.

Note: Nothing in this article is intended to constitute legal advice. If you require assistance with a legal matter please contact our office to benefit from the Family Law Investigations Professional Network or contact the Queensland Law Society to find a specialist in your area.

The concern of the legislature regarding protection of children from violence, abuse and neglect is made explicit in this principle.

What is commonly referred to as the third principle of the principles in child-related proceedings, prescribes that "the proceedings are to be conducted in a way that will safeguard:

(a) the child concerned against family violence, child abuse and child neglect; and

(b) the parties to the proceedings against family violence".

The more active case management approach in part VII Division 12A of the Family Law Act ensures that allegations of violence and abuse are dealt with early stage in the court process.

It also ensures that judicial officers are better able to ensure that appropriate evidence is before them.

This assists the courts to better address issues of child abuse and family violence in proceedings.

This is a particularly fast growing area of family law in more recent years, and it is a strength of Family Law Investigations to assess evidence way that may be presented to a court and to determine an appropriate strategy to ensure that the court has credible evidence to consider in this regard.

Is not to anyone's interest, least of all any child's best interest who may be affected by family violence, to elicit any degree of inappropriate all sensationalised evidence to bring about an injustice on another party to such proceedings.

Domestic Violence - Getting Real Evidence

Unfortunately in the modern day it has become a entrenched strategy of many practitioners to file vexatious and frivolous suits against opposing parties to elicit some benefit or advantage over such parties who may oppose their own submissions.

Genuine cases of domestic violence are particularly disturbing and very confronting for practitioners, victims and the families who are involved in these matters.

Family Law Investigations has an extensive network of support staff who can assist victims of such crimes and will provide guidance as to the appropriate means of remedy.

If you are at risk of domestic violence please call 000 if the threat of domestic violence imminent or alternatively contact your nearest Queensland Police Station or DV Connect for assistance.

Note: Nothing in this article is intended to constitute legal advice. If you require assistance with a legal matter please contact our office to benefit from the Family Law Investigations Professional Network or contact the Queensland Law Society to find a specialist in your area.

There are six grounds under the regulations on which the court has a discretion whether to order the return of the child to its home country even though the child has been wrongly removed to, or retained in, Australia.

These are the only grounds on which the court can refuse to order the return of a child who has been wrongfully removed to, or retained in, Australia.

The grounds are as follows:

1. Where a person, institution or other body applying for the return of the child was not actually exercising rights of custody when the child was removed to, or first retained in, Australia, and would not have exercised those rights have the child not been so removed or retained (reg 16(3)(a)(i)).

2. Where the person, institution or other body applying for the return of the child had consented to, or subsequently acquiesced in, the child being removed to, or retained in, Australia (reg 16(3)(a)(ii)).

3. Where there is a grave risk that return of the child under the Hague Convention would expose the child to physical or psychological harm or otherwise placed the child in an intolerable situation (reg 16(3)(b)).

4. Where the child objects, with the strength of feeling beyond the mere expression of reference ordinary wishes, to being return and has attained an age and degree of maturity at which is appropriate to take into account his or her views (reg 16(3)(c)).

5. Where the return of the child would not be permitted according to the fundamental principles of Australia relating to the protection of human rights and fundamental freedoms (reg 16(3)(d)).

6. Where the application for return of the child was filed at least one year after the day on which the child was removed to, or first retained in, Australia, and the court is satisfied that the child is settled in its new environment (reg 16(2)).

The mere fact that a person opposing the return of the child establishes one of the grounds does not mean that the court must then refuse to make an order for the child's return. If the ground is established, the court has a discretion whether to order the return of the child. (see Director-General, Department of Families, Youth and Community Care v Bennett (2000)FLC 93-011 at 87,230.)

If you have a matter similar to this scenario and you would like some assistance in preparing case material, please call Family Law Investigations on (07) 3807 3807 or email gethelp@familylawinvestigations.com.au

Note: Nothing in this article is intended to constitute legal advice. If you require assistance with a legal matter please contact our office to benefit from the Family Law Investigations Professional Network or contact the Queensland Law Society to find a specialist in your area.