We have been through Court countless times regarding parenting orders, child custody issues, and a range of other children/family matters. One of the questions we always ensure is at the centre of every case is what is in the best interests of the child? The Family Law Act 1975 requires the Court to make the best interests of the child it’s most important consideration.
We recently assisted a client in resolving a matter that has been before the Courts for a large number of months. The latest litigation was due to our client’s ex-partner filing a Recovery Order for their child to be returned. The child was 14 and had decided to live with our client on a more permanent basis, as the relationship with the other party had broken down.
The client wanted the child’s wishes to be taken into account in the final decision and our client, therefore, advocated the child’s wishes.
As we moved through the proceedings, it became apparent that the partner of the other party had proceedings before the Family Court. Despite requesting information about these proceedings, our client was not provided with any information. Our investigations discovered there were Orders in place whereby the partner of the other party was not permitted to see their children. The client we were representing had no knowledge of what these proceedings involved, but given the nature of the Orders, was concerned for the children’s safety.
VM Family Law assisted in preparing an Application to the Family Court to seek permission to view the Family Court file to attempt to identify whether there was any risk to the client’s children.
The client was satisfied, at the time, with the information we were able to discover in this matter. We then assisted the client to reach an agreement on a final basis, where the child’s wishes were taken into account.
The client may not have had such a favourable outcome in this matter without the assistance of VM Family Law, given the difficult relationship with the other party and the nature of that parties’ representation.
The client was grateful the matter could be resolved without the need for a Trial and having Orders that were in the child’s best interest.