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A breach of an AVO

The making of an AVO does not constitute a criminal offence. A breach of an AVO - if proved - however is a criminal offence (regardless of whether the particular incident that gave rise to the breach is itself a criminal offence).

A breach or contempt of a parenting order

Contempt of court is behaviours that show that you do not respect the court. An example would be if a person was ordered to produce property so it could be valued and they hid the property and refused to tell the court where it is. This would be considered contempt of court.

A court can make an order to vary child support

A court can make a departure order that modifies one or more of the components of the administrative formula that CSA uses to calculate the rate of child support (section 118(1)).

A divorce order will include a certification of divorce

Once the divorce order takes effect, a divorce order will issue and will include a certification that the divorce has taken effect so that a separate divorce certificate will not be issued.

A privilege against self incrimination

The general rule is that a person cannot be compelled to provide evidence that would subject him to criminal or civil liability either under Australian or foreign law. This is called privilege against self-incrimination. Sec 128 of the Evidence Act 1995 provides the exception.

A quick overview of child support and how it works

The Child Support Agency (CSA) determines child support by using the shared income approach. This approach emphasizes the intention of the law for the parents to equally share the costs and care for their child.

A subpoena is a legal document issued by a court

A subpoena is a legal document issued by a court at the request of a party in the matter. A subpoena forces a person or business to produce documents or give evidence at a hearing or trial.

Addicted To Being a Mom

Most mothers adore their children and thats the way it should be. We should, however, not become obsessional about our kids

Admissible evidence in family law court proceedings

The court will only consider evidence in a family law proceeding if the evidence is relevant and presented in a proper format.

Adult child maintenance

If a child turns 18 while they are in full-time secondary education and there is a child support assessment in place, you can apply to the Child Support Agency (CSA) to extend the assessment.

Affidavit a way of givng evidence

Affidavit is a written statement setting out the relevant facts. It is used as evidence in the family or the federal circuit courts court. It must serve upon the opposing party.

Affidavit-Contents of an affidavit

The contents of an affidavit will depend on what kind of case it is.The Family Court has an affidavit that must be used in interim parenting order applications and which may also be used for applications for final orders.

Affidavits by witnesses

You may have heard the terms “affidavit” or “filing evidence using an affidavit”. If you are not familiar with court proceedings you might not know what an affidavit is, or how to prepare one for your case.

Airport watch list orders

A watch list order (also known as a PACE alert) is designed to prevent an adult from taking a child outside the Commonwealth of Australia without a court order or the other parent's consent.

Allegations of family violence post-separation

Often, in applying for parental orders, an allegation of family violence is made by the applicant asking the court to consider the allegation of family violence in granting or refusing the application for parenting orders of the applicant.

Allowances benefits can apply for child support assesment

Parents and non-parent carers can apply for a change of assessment in special circumstances if the child support assessment is unfair

An affidavit forms part of the evidence

Your affidavit should include all the evidence you use at the hearing. There are slight differences between preparing an affidavit for an interim hearing and a final hearing.

An initial contribution in a short de facto relationship

The following case is an example of where an initial contribution in a short de facto relationship was given significant weight given the lack of "off-setting" contributions by the other party during the relationship.

An injunction under the Family Law Act

An injunction is a court order making a person do, or refrain from doing, something. It is also commonly referred to as a restraining order (intervention order).

Annulment of the marriage

Firstly we need to understand that annulment is not the same as divorce. Annulment is a finding that the marriage was never valid. In order to get your marriage annulled,

Appeal against parenting order allowing international relocation

The judge accepted evidence of family violence and was correct in not applying the presumption of equal shared parental responsibility. The father’s appeal dismissed.

Appeal procedures in the Family Court

For an appeal to be successful, the higher court must be convinced that the lower court judge made an error in his/her decision.

Appealing against family court decision

Appeal Steps to be taken by trial judge when exercising discretion to allow an interim property settlement pursuant to s 79 or s 80(1)(h) of the Family Law

Appeals process in family law

In an appeal you ask the Full Court to set aside a decision made by a trial judge or federal magistrate. An appeal is not a rehearing of the original dispute.

Application for Child Maintenance Orders

Child maintenance orders are only applicable to children born before October 1, 1989 and whose parents separated on said date. Child maintenance ceases once the child turns 18 years old.

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