The By Lawyers Family Law author has reviewed the Children publication covering commentary, matter plan and precedents.
Commentary updates include the following additions:
- Practical application of s 65DAC – Equal shared parental responsibility requires parents to consult one another and make a genuine effort to jointly make decisions on major long term issues relating to a child. The practical application of the obligation in s 65DAC can be difficult in some cases and is sometimes misinterpreted. The requirement is to consult and to make a genuine attempt to jointly make a decision;
- Practical use of parenting plans in situations where there is not high conflict; and
- Federal Circuit Court Practice Direction No. 2 of 2017 providing strict directions for affidavits in interim matters.
The new requirements for affidavits in the Family Court has led to a new Exhibit page to Affidavit form being created by LEAP. This has been linked where necessary in the matter plan.
The author also created a new precedent letter: Letter of appointment to psychologist for a private family report located in the Going to Court section. The letter covers party representation, what the report needs to address and a list of enclosed documents filed in the proceedings.