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Sydney Family Law Newsletter – September 2026

September 24, 2026

Below we provide you with the latest updates on our team, recent developments in family law and links to interesting articles and case law in the family law arena.

NSW medicinal cannabis, road drug test reforms: what employers need to know

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September 24, 2026

NSW has moved toward a more nuanced road-safety framework for prescribed medicinal cannabis users, but it has not created a general right to drive or work while affected by THC.

Unilateral international relocation: if you think the Court will not order the children’s return on an interim basis, think again

September 23, 2026

Relocating the residence of a child overseas without the other parent’s consent or a court order permitting the relocation has always carried significant legal risk. But is there any merit in adopting an “it is easier to ask for forgiveness than permission” approach?

The High Court Clarifies the Use of Covert Recordings: What Family Lawyers and Clients Need to Know

September 22, 2026

The High Court's decision in Potter (A Pseudonym) v The King [2026] HCA 25 provides important guidance on when covert recordings may be lawfully made and relied upon in legal proceedings, highlighting the relevance of a person's lawful interests, particularly in matters involving domestic, family and sexual violence.

Why Family Lawyers Need a Deep Understanding about Parental Mental Health: Reflections from the Lindsay Clancy Case

September 22, 2026

The Lindsay Clancy case highlights the critical intersection between parental mental health, child wellbeing and family law, underscoring the importance of early intervention, support and child-focused decision-making.

Lawrence & Stephanidi [2026] FedCFamC1A 115: Safety Considerations and the Limits of Therapeutic Parenting Orders

September 22, 2026

The Full Court's decision in Lawrence & Stephanidi [2026] FedCFamC1A 115 examines whether the 2024 amendments to s 60CC of the Family Law Act 1975 (Cth) elevate child safety above other best-interest considerations and clarifies the Court's power to compel parental participation in therapy and enforce compliance.

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