Family Law Barrister
in Central Otago
Based in Central Otago, Stephen van Bohemen is a specialist in all aspects of family law.
He works with his instructing solicitors and their clients to achieve the best possible outcomes.
Specialist Barrister
Stephen specialises in the complex and challenging areas of family disputes. With wide experience in family law, he provides expertise, advice and advocacy on:
The division of relationship property
Trust disputes
Estate litigation
Appeals from the Family Court
Hague Convention litigation
About Stephen
The Negotiator
As a specialist family law lawyer, Stephen has trained in and uses both mediation and collaborative law in his work.
Recent settlements where Stephen has negotiated outcomes:
Relationship property disputes concerning dairy farms and share-milking operations
A relationship property and trust dispute involving private company shares in a number of construction companies; a property management trust and real estate
Relationship property claims arising on the death of a spouse
Settlement of his client’s claim to set aside a 10 year old relationship property settlement agreement
The Litigator
Recent Cases
When a negotiated settlement is not achievable, he will use his knowledge and experience to act as a strong advocate in court. He is a confident and experienced litigator.
Cases where Stephen has been lead counsel include:
Cooper v Pinney at Family Court, High Court, Court of Appeal and Supreme Court The Family Court determined Stephen’s client Mr Pinney had “Clayton –type” powers in relation to a trust and that such powers were relationship property. That judgment was overturned on appeal. The Court of Appeal, by a majority, upheld the High Court judgment. The Supreme Court dismissed Ms Cooper’s appeal and held that Mr Pinny did not have “Clayton-type” powers which were property for relationship property purposes.
Sanchez v McDonald This was a Hague Convention case. Stephen acted for the children who opposed the application that they return to live in Spain. The Family Court ordered their return to Spain and that decision was upheld by the High Court on appeal. The Court of Appeal overturned both the Family and High Court judgments and ruled that the children had lost their habitual residence in Spain and that their objections to returning to live in Spain should prevail.
Wylie v Wylie at the High Court and Court of Appeal. These relationship property proceedings were transferred from the Family Court. The principal issue was the validity of a Contracting Out Agreement some years prior to separation. His client successfully opposed the application to have it set aside. That judgment was upheld on appeal.
Wilkinson v West a Family Court judgment where his client successfully obtained orders for unequal sharing of relationship property.
Cresswell v Roberts – a proceeding under Hague Convention. The Family Court ordered the return of his client’s children to France. The High Court quashed that order. The Court of Appeal, following receipt of new evidence, reinstated the return order.
Payne v Wood - another Hague Convention proceeding. The Family Court ordered the return of his client’s child to Australia. That decision was overturned on appeal.
Areas of Expertise
Relationship Property
Advice and representation on separation (division of property).
Trust Disputes
Advice and representation on trust structures and disputes.
Estate Disputes
Claims arising from separation, family protection or testamentary promises issues.
Appellate Work
Appeals from decisions of the Family Court.
Hague Convention Proceedings
International child law issues.
