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Child Custody Application and Sole Parental Responsibility

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 […]

Child Custody Application and Sole Parental Responsibility

Child Custody Application and Sole Parental Responsibility

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 husband’s care.   An order was made giving her sole custody of the children.

Child Custody Application and Sole Parental Responsibility are set under orders set by the Family Law Courts in Australia.

We were successful in overturning this decision on behalf of our client.   The parties pursuant to Court orders were psychiatrically assessed.   As a result of the medical reports the children are now in our client’s sole care and an order was made for the mother to not have any contact with the children.   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 family relationships.

FAQ

What is the current case that you are involved in at the Family Court?

We are currently involved in a child custody application case in the Family Court. The case involves a former army officer suffering from Post Traumatic Stress Disorder who served Australia in both East Timor and Afghanistan.

Who originally brought the application before the Court and what was the application for?

The wife originally brought an Ex Parte application before the Court seeking sole custody of the children without serving the husband with the application. She alleged that the children were in grave danger of being in the husband’s care.

What was the outcome of the initial hearing for the Ex Parte application?

The Court granted the wife sole custody of the children based on her Ex Parte application, which was heard in the absence of our client.

What was the result of the psychiatric assessments conducted pursuant to Court orders?

Following psychiatric assessments pursuant to Court orders, the children were found to be better off under our client’s sole care, and the mother was ordered to have no contact with the children.