Courts can decide that one parent’s opposition to vaccination is based on genuine but unreasonably held beliefs and award sole parental responsibility as to immunisation and vaccinations to the other parent.

In making the order a Court can determine that a parent be awarded sole parental responsibility in respect of all decisions relating to the children’s immunisation and vaccination and can forthwith do all acts and things necessary to ensure that the child receives the childhood vaccinations/immunisations as are recommended by the child’s treating general practitioner by reference to the current National Immunisation Program Schedule published by the Australian Government, Department of Health and Ageing. [...]  READ MORE →

Complete consideration of a parent’s financial circumstances may be required when ordering parentaltime that necessitates air travel.

For example, during COVID-19 lockdowns, Australian citizens were prohibited from leaving Australia unless they were given permission, and at times were even prohibited from travelling across state borders. The list of circumstances which might secure permission did not obviously identify travelling to spend time with a child who lives elsewhere. The only category which might apply is for travel on compassionate or humanitarian grounds. In these circumstances, on the assumption (which is not made) that a parent obtained permission to travel either overseas or interstate as often as the Court orders provide to enjoy the benefit of contact with their child, on return the parent must quarantine at a designated facility in the port of arrival for 14 days. The cost of quarantine would be the travelling parent’s responsibility. Thus, the travelling parent would be unable to work for an additional six weeks annually and incur substantial costs that were not originally contemplated. [...]  READ MORE →

To some people, issues relating to child custody during a marriage breakdown and divorce can appear fairly straightforward however, that is not always the case. In various proceedings to determine such matters there have been issues raised by the Court where evidence of a single expert psychiatrist may be required.

In the recent matter of X, the Court sought expert evidence in relation to if the child was too young to sustain significant separations from one of his parents. Questions about a child’s capacity to form memories and the age at which a child might be expected to sustain memories and connection to an absent parent. [...]  READ MORE →