We are currently involved in a case in the Family Court involving a former army officer now suffering Post Traumatic Stress Disorder who served Australia in both East Timor and Afghanistan and a child custody application.
The wife originally brought an Ex Parte application (meaning that she was seeking orders without serving the husband with the application) before the Court, which was heard in the absence of our client alleging that the children were in grave danger being in the husbandâ€™s care.Â An order was made giving her sole custody of the children.
Child Custody Application and Sole Parental Responsibility is set under orders set by the Family Law Courts in Australia.
We were successful in overturning this decision on behalf of our client.Â The parties pursuant to Court orders were psychiatrically assessed.Â As a result of the medical reports the children are now in our clientâ€™s sole care and an order was made for the mother to not have any contact with the children.Â The matter has been set down for trial for final determination in the Family Court.
The moral of this matter is that things are not always as they seem at the outset and often is necessary to look deeper at the family relationships.