Children's Issues

Children's issues raise difficult and emotional issues for all parties. Whilst Ms Devine can assist in mediating and negotiating outcomes out of court, as a Barrister, she specializes in matters before the Court.

Ms Devine helps parents with issues such as:

  1. Parental responsibility;
  2. Where children live;
  3. Relocation (whether intrastate, interstate or overseas);
  4. Travel arrangements;
  5. Schooling issues;
  6. Communication arrangements;
  7. Specific issues orders.

Ms Devine has experience in dealing with parents and children, specifically involving family violence, transgender issues, cultural and linguistic diversity, Aboriginality, as well as same-sex and sperm donor arrangements. Ms Devine is particularly sensitive to difficult family and interpersonal situations.

Ms Devine has appeared in a number of reported children's cases, including:

Russell & Russell [2012] FamCA 99 (7 March 2012)
where Ms Devine successfully applied for the Wife to relocate internationally, to a non-Hague convention country, with the three year old child of the marriage. The case involved allegations of family violence, as well as cultural issues.
Sendak & Sendak ]2012] FMCAfam 1320
At first instance, Ms Devine was successful in having the Father's application dismissed and the Mother's application proceed without the Father's input, due to his repeated breaches of Court orders. The Father appealed. Ms Devine was successful in opposing the Father's appeal, which is reported as Sendak & Sendak [2014] FamCAFC 12 (10 February 2014)
White & Andrews (No.2) [2007] FamCA 1414 (26 October 2007)
Ms Devine acted on behalf of a Mother, seeking children's orders where family violence was a significant issue. The Department of Education and Early Childhood Training were also a party, due to the Father’s violence. Ms Devine was successful in obtaining orders satisfactory to the Mother.
Reece & Reece [2011] FMCAfam 725
Ms Devine was successful in an application to transfer the matter to the Family Court of Australia from the (then) Federal Magistrates' Court of Australia on the basis of significant family violence, delay and costs.