Queensland’s adoption laws

ADOPTION, FOSTER CARE AND THE RIGHTS OF THE CHILD

Stephen Page is a Brisbane lawyer specialising in LGBTI legal issues. He shares his opinion on the proposed changes to Queensland’s adoption laws with Andrew Shaw.

What impact will legalising adoption for same-sex couples and singles have on the numbers of adoptions in Queensland?
Very little. Adoptions are currently at historic lows. Given recent trends, the availability of children for adoption is likely to drop further. Other countries generally do not allow their children to be adopted internationally by same-sex couples.

Barnardos Australia suggests the new laws should encourage open adoption, do you agree?
The current Adoption Act 2009 is written on the basis of open adoptions. I believe that it’s a good idea – so the child has control of who they are and their place in the world. I believe it’s also consistent with our international obligations, including under the International Convention on the Rights of the Child.

If adoption becomes legal for same-sex couples and singles in Queensland, will it make it easier for LGBT long term foster carers to adopt?
That’s unlikely. It is very difficult for long term foster carers to be able to adopt in Queensland. For those same-sex couples who obtained Family Law Act orders because as a matter of sexuality they could not obtain adoption orders, it may be easier for them to adopt the children already in their care.

What are the barriers to adoption for long-term foster carers? What rights do the biological parents have? Whose rights predominate?
The Child Protection Act as interpreted by Child Safety officers is to ensure that the child is able to be reunited at some stage with the parents. This means that long-term foster carers do not have the ability to adopt. More importantly, this often means that children do not have long term stable placements, but instead have on average six placements during their time in care – a figure that can only bode badly for the upbringing of a child. How anyone is able to have a stable upbringing after six placements, let alone children who have been the subject of abuse and neglect, appears not to be child focused to me.

More about this topic Source: Andrew Shaw – Gay News Networks

If you have any enquiries regarding this topic or any relating to Children Rights as well as Family Law, please don’t hesitate to contact us immediately. We at Family Legal are well versed in handling cases for Same Sex Family Law. Contact us through 1300 388 298 or Email office@familylegal.com.au

Police officer investigated helping friend find ex-wife despite DVO

Police officer investigated after allegedly helping mate find ex-wife despite domestic violence order

A Queensland police officer who allegedly helped a mate who was subjected to a domestic violence order (DVO) track down his former partner should be sacked if found guilty, a domestic violence advocate says.

It is alleged the senior constable accessed private records of the woman’s latest address and passed the details onto her ex-husband.

It is further alleged that the officer then joked about it in a series of text messages to the man.

Police have confirmed that Ethical Standards Command (ESC) was aware of the matter but a spokesperson said it would be inappropriate to comment further until the investigation was complete.

The allegations were lodged with the Crime and Corruption Commission (CCC) by the woman last June after she allegedly heard how her ex-partner got her home address, but the matter was referred back to the ESC.

The Queensland Police Minister’s office said it could not comment pending the investigation.

More of this news Source: Lexy Hamilton-Smith – The ABC News

We at Family Legal are well versed in handling Domestic Violence cases. If you have been a victim of Domestic Violence or you know someone who is, we recommend you to contact us immediately. Call 1300 388 298 or Email Office@FamilyLegal.com.au

Domestic violence: women are not the only victims

Data shows women are not the only victims

Eva Solberg is a Swedish politician, a proud feminist who holds an important post as chairwoman of the party Moderate Women. Last year she was presented with her government’s latest strategy for combating domestic violence. Like similar reports across the world, this strategy assumes the only way to tackle domestic violence is through teaching misogynist men (and boys) to behave themselves.

The Swedish politician spat the dummy. Writing on the news site Nyheter24, Solberg took issue with her government’s “tired gendered analysis”, which argued that eradicating sexism was the solution to the problem of domestic violence. She explained her reasoning: “We know through extensive practice and experience that attempts to solve the issue through this kind of analysis have failed. And they failed precisely because violence is not and never has been a gender issue.”

Solberg challenged the government report’s assumption that there was a guilty sex and an innocent one. “Thanks to extensive research in the field, both at the national and international level, we now know with great certainty that this breakdown by sex is simply not true.”

She made reference to the world’s largest research database on intimate partner violence, the Partner Abuse State of Knowledge project, which summarises more than 1700 scientific papers on the topic.

She concluded that her government’s report was based on misinformation about family violence and that, contrary to the report’s one-sided view of men as the only perpetrators, many children were experiencing a very different reality: “We must recognise the fact that domestic violence, in at least half of its occurrence, is carried out by female perpetrators.”

More of this topic Source: Bettina Arndt – The Australian

Sydney: Husband Stabbed Wife 56-times

Estranged husband stabbed Leila Alavi 56 times because ‘she did not obey the rule of marriage’

A man sat wearing a blue forensic suit as he explained to police where and why he stabbed his estranged wife, Leila Alavi, 56 times with a pair of scissors in a suburban Sydney car park.

“In her heart and in her neck because she did not obey the rule of marriage,” he said in an interview shortly after he had murdered his wife.

When an officer asked why he killed her, Mokhtar Hosseiniamraei, 34, said that Ms Alavi had left him.

“Because we were married and before divorce she broke the contract. I could not tolerate it. I could not forget it.

“We have commitment, moral commitment towards one another. In this country this means nothing.”

A video of the police interview with Hosseiniamraei was tendered to the NSW Supreme Court during his sentencing hearing on Thursday. He pleaded guilty to murder earlier this year.

Hosseiniamraei was a violent husband who had threatened to kill his 26-year-old wife three months before he murdered her in her blue Holden Astra, which was parked beneath the hairdressing salon where she worked at Auburn in January 2015.

“You are a slut, I’m going to kill you and I’m going to fix up your sister and friends who have been teaching you this.”

After this chilling phone call, Ms Alavi took an apprehended violence order out against Hosseiniamraei and she moved out of their marital home in Toongabbie.

More of this news Source: Emma Partridge – The Sydney Morning Herald

If you have been a victim of Domestic Violence or you know someone who is, we would recommend you to contact us Family Legal immediately. We have successfully handled Assault cases and we are confident to give you all the legal advice and assistance you require. Call 1300 388 298 or Email Office@FamilyLegal.com.au

Marty Lynes faces new sexual assault

Former Home and Away star Marty Lynes faces new sexual assault allegations

FORMER Home and Away and All Saints star Marty Lynes is facing fresh sexual assault allegations, a court has heard.

The 49-year-old was not required to attend Wyong Local Court today when his matter was called up before Magistrate Peter Feather.

Prosecutors told the court they intended to lay new charges against Mr Lynes when he next appears in September.

While the Crown did not say what those charges were, it comes after his solicitor confirmed he had received a copy of the DNA evidence police collected at the time of an alleged, prolonged attack against a woman at the actor’s then Bateau Bay home in February.

Mr Lynes, best known for his portrayal of Dr Luke Forlano on All Saints, is already facing nine charges including four counts of assault occasioning actual bodily harm, three counts of common assault and one count each of sexual intercourse without consent and indecent assault.

Police charge sheets tendered in court allege Mr Lynes assaulted a woman over a four-hour period on the night of February 29.

At one point police allege the actor-turned-real-estate agent “grabbed her breasts and pulled her up from the floor”.

More of the story Source: Richard Noone – The Daily Telegraph

If you have been a victim of Sexual Assault or you know someone who is, we recommend you to contact Family Legal immediately. We have successfully handled Criminal Law cases and we are confident that we can assist you on all your legal matters. Call 1300 388 298 or Email Office@FamilyLegal.com.au

Melbourne: man Guilty for murdering Ex-girlfriend

Melbourne man pleads guilty to murdering former girlfriend before laying her body on bed with rose

A Melbourne man has pleaded guilty to murdering his former girlfriend who he bashed and stabbed before laying her in her bed and placing a rose next to her body.

Makeny Banek, 24, of Melton South, killed 20-year-old Abuk Akek at her home in Melton, in Melbourne’s outer west, on March 13.

The pair, refugees from South Sudan and Sudan, had separated a month earlier but remained in contact to allow Banek to visit their three-year-old son.

According to the prosecution summary of evidence tendered to Melbourne Magistrates Court, Ms Akek had taken three separate intervention orders out against Banek during their relationship due to a series of assaults.

In September 2014, Ms Akek was hospitalised after Banek bit her on the face and back, punched and choked her.

Prosecutors allege Banek also threatened to kill Ms Akek in front of one of her friends, just three weeks before the murder.

“I could kill her right now, bash her to death, but you are here,” he was alleged to have told her.

On the day of the murder, prosecutors said Banek arrived at Ms Akek’s unit unannounced and the pair began arguing.

He later told police he had gone to Ms Akek’s home to fix things between them but he believed she wanted to leave him and he snapped.

“I snapped, I used a knife and my fists,” he told detectives. “I love her very much but she did not love me.”

More on this news Source: Emma Younger – The ABC News

We at Family Legal are well versed in handling Domestic Violence Cases. We are also proficient in assisting you in drafting for a Restraining Order. Contact Family Legal at 1300 388 298 or Email Office@FamilyLegal.com.au.

Salim Mehajer breach domestic violence orders

Facebook posts may breach domestic violence orders

A LEGAL expert says Queenslanders on domestic violence orders risk court sanctions if they continually post about their alleged victims, or harrass them, on social media.

Using the high-profile separation of controversial Sydney couple Salim Mehajer and Aysha Learmonth as an example, Brisbane family law specialist Jennifer Hetherington says courts may put “more weight” on Facebook, Twitter, Instagram and Snapchat feeds when considering DVO applications.

Mr Mehajer’s over-the-top marriage to Ms Learmonth, who has stopped using her husband’s last name, made world headlines for its blatant show of wealth including closing an entire Sydney street.

Last month, a Sydney court extended an urgent 28-day apprehended violence order made by police against the one-time Auburn deputy mayor on behalf of Ms Learmonth.

Since their separation, Mr Mehajer has used social media to voice his views of their marriage.

“We will continue to breathe, even in water,” he posted recently alongside a photo of the pair in “happier” times.

Ms Hetherington said courts could see Mr Mehajer’s posts in a negative light.

More of the news Source: Sherele Moody – The Queensland Times

If you have been a victim of Domestic Violence or you know someone who is, we recommend that you contact Family Legal immediately. We vast experience in handling Domestic Violence Cases as well as assisting you on applying for Restraining Orders. Call 1300 388 298 or Email Office@FamilyLegal.com.au

Domestic violence Queensland: increase protection to victims

Domestic violence Queensland: New laws increase protection to victims

FAMILY violence victims will be automatically guaranteed protection from their tormentors for five years under legal changes to be announced by the State Government.

The Courier-Mail can reveal the Government is poised to introduce legislation this week to further strengthen Domestic Violence Orders (DVOs) in continuing work to implement the recommendations of Dame Quentin Bryce’s Not Now, Not Ever report.

Under the new laws, courts will automatically grant DVOs for a five-year period unless there is a specific reason for it to be a shorter time.

The decision to extend what is usually a maximum two-year order – but is often granted for shorter times – will save victims from continually facing their abusers to apply for replacement orders.

Courts will also need to specifically consider whether the conditions of a DVO should be tailored or expanded to ensure they fit each case.

Any family law orders in place regarding children will also need to be considered.

The Government will also make it easier and faster for police to take out DVOs on behalf of others.

The move follows repeated calls from police to change a process they said was too cumbersome and prevented them doing their jobs.

More of this article Source: JESSICA MARSZALEK – The Courier-Mail

If you have been a victim of Domestic Violence or you know someone who is, we would recommend you to contact Family Legal immediately. With our vast experience in handling Family Law cases, we will be able to provide you with all legal advice. Call 1300 388 298 or Email Office@FamilyLegal.com.au

$200m Family Fortune Battle

The $200m fortune, the ex-wife and the other woman

An extraordinary battle over a $200 million family fortune has spilled over in court after a spurned wife discovered that her husband bought an apartment for his mistress using family funds.

The unseemly battle has seen the Family Court reject the wife’s demand for a $20,000 monthly allowance for living expenses as “excessive” while a judge hit out at the husband’s “parsimonious” approach to allowing the wife access to money.

The husband and wife, dubbed Mr Hong and Ms Cao by the Court, have amassed an eye-watering family fortune that consists of at least $27 million in assets in Australia mostly tied up in family companies and trusts.

Ms Cao, 60, and Mr Hong, 54, both migrated to Australia in the 1980s and married in 1996 and have three adult children.

The marriage appears to have foundered in 2014-15 when the wife discovered the husband had formed a relationship with another woman and had bought her a “valuable” apartment for her to live in.

Their travails have come to light over the past year in a series of court actions that began when the wife launched court action in the Federal Court to try and stop the husband removing her and two adult children of a previous marriage from their directorships of family companies.

But as a result, she unveiled the extent of the family wealth inherited by her husband and the intensity of the hostility, including a bid by the husband’s brother to wrest away control of the businesses.

The husband responded by seeking freezing orders, escalating the battle, which has made its way into the Family Court, where the family’s dirty laundry has been aired as the case has bubbled along, protected only by laws banning publication of their identity.

In one proceeding, a judge stopped both the husband and the wife from withdrawing more than $1000 at a time from their bank accounts.

More on this news Source: Michael Evans – The Sydney Morning Herald

If you have any enquiries about this topic on any relating to Divorce please don’t hesitate to contact Family Legal at Office@FamilyLegal.com.au or Call 1300 388 298. We are a Family Law Accredited Firm that successfully handled hundreds of Divorce cases.

Killed his Wife After Years of Torture

Sunil Beniwal killed his wife after years of torturing her

A MAN’S shallow and sick fantasies drove him to brutally kill his wife after she suffered through years of torture.

Sunil Beniwal had a history of anxiety and depression, and he was infatuated with the idea of having a partner who was better looking than his wife.

The marriage between Mr Beniwal and Deepshikha Godara was arranged by their families, and after a happy start to marriage, Ms Godara ended up being a victim of horrific domestic violence.

According to documents from the Coroners Court of Victoria, Mr Beniwal cheated on Ms Godara and abused alcohol.

When he was frustrated he would slap his wife and even once gave her a bloody nose.

He threw bottles at her and would hold her arm down and burn her skin with hot tongs.

The pair married in 2007 after moving to Melbourne from India and they had a son in 2011.

In their first year of marriage, Ms Godara told her family members back in India that she was “tortured and harassed both mentally and physically”.

Ms Godara contacted the police a number of times after she was abused, according to the documents, but she would later drop charges against her husband and tried to work things out with him.

She stayed with him because she did not want to dishonour her family.

She’s of Hindu religion and also believed if her marriage failed, her family would become outcasts.

More of the news Source: News.Com.Au

We at Family Legal has successfully handled Domestic Violence Cases and we are confident in providing legal advice on you matter. If your a victim of Domestic Violence or you know someone who is we recommend you to contact us through 1300 388 298 or Email Office@FamilyLegal.com.au