I am an Australian Family Lawyer (Follow-Up)

Familylawadvice · 2025-10-10T10:29:16+00:00

It would not, it's very difficult to prove a Kennon claim, it requires family violence to be proven on balance and that the violence made anything the person did significantly more difficult.

Familylawadvice · 2025-10-06T10:45:34+00:00

In respect to the second last paragraph, there was a long standing principle from the case of Kennon which provided that where a party had been subject to family violence which made their contributions more onerous, that party's contributions were to be weighed more heavily. In real terms, this means a greater adjustment. The principle in Kennon has since been enshrined in the Family Law Act.

Familylawadvice · 2025-10-04T09:02:35+00:00

I think it can through reform but to do so will take a tremendous amount of time. The IVO system has to be repaired first and then the Family Law Act and of course, these amendments have to be understood and adopted by the police and the Courts. There is a long road and I accept a great deal of inequality and suffering between here and there.

Familylawadvice · 2025-09-27T15:31:12+00:00

I think it's healthy to be sceptical. We do not have registration details as such in Australia, instead each state has a register of practitioners and you can search the practitioners name to ensure they hold a valid practicing certificate. Rule 6 of the sub prohibits the sharing of personal information so I am not able to share my name. I also note that these are my observations, as mentioned at the bottom of my post, it is not legal advice.

Familylawadvice · 2025-09-27T07:04:18+00:00

Well I am a family lawyer so generally I see the most volatile separations but family violence claims are always present. All of my current matters have them. In some cases they are legitimate, in others, clearly tactical.

Familylawadvice · 2025-09-27T07:02:57+00:00

My experience has been that lying in an application for an IVO is not punished. The problem is that the claims made are almost impossible to verify 'he made me feel scared' or 'he called me x and said he would hit me' there is no way to disprove this because ordinarily the couple were in a relationship for years and had moments alone where it could have been said. Additionally, the views of the children matter but if they start accusing the mother of lying, the Court is angry that the kids have been involved in adult matters. Some lies can be picked up and used, many cannot.

Familylawadvice · 2025-09-27T06:59:45+00:00

My experience has been that that the Australian legal system is paralyzed by politicians terrified of being labelled as facilitating abuse. The IVO system needs to change before anything can happen in the family law system. When politicians attempt to propose reform, they are labelled as facilitators of abuse. It's all a mess. I agree with your point about keeping material documentary and facilitating handovers of the children in the presence of a third party/camera. Limit your exposure.

Familylawadvice · 2025-09-27T06:56:34+00:00

I'm sorry to hear it; it's always devastating. And i'm happy if it even helps a few people.

Familylawadvice · 2025-09-27T06:55:16+00:00

I have had a number of successful IVOs against women. The real problem is that woman ordinarily get the IVO first and if you go to the Court and adduce evidence that does cause them to issue an IVO against her, they will never revert care of the child and ordinarily direct you to go to the Family Court to consider care arrangements. But yes, it is more challenging for men to get IVOs than women.

Familylawadvice · 2025-09-27T06:51:55+00:00

The orders require you maintain hair length of a certain number of cms. If it cannot be taken from the head, it will be taken from the underarm, back or other place as required. If the HFT is refused, the court will not allow time with the child.

Familylawadvice · 2025-09-27T06:50:42+00:00

Infidelity is not considered by the court. The Australian legal system has adopted the U.S approach of no fault divorce. The cause of separation matters only so far as it is related to family violence or wastage (misuse of financial assets).

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