The court can make orders regarding your children until they turn eighteen.Unless you believe that it is dangerous to you or your children you have to comply with the orders of the court....
CONTINUE READINGLeaving or selling the marital home is one of the most difficult consequences of divorce, and it is a sad reality for many couples, as they have to downsize when they go their separate ways....
CONTINUE READINGMany partners are surprised to find that the ex who has moved out of the jointly owned property can stop making repayments....
CONTINUE READINGOne of the biggest causes of disagreement in a family law proceedings is fuelled by the question of whether the money that parents had given their adult children as a down payment on a home was a loan or a gift....
CONTINUE READINGThe court has some far-reaching powers when it comes to property orders. It may order the transfer of the property to either party or to a child from the marriage....
CONTINUE READINGYour child custody and visitation schedule is important to you and to your child. Since 2006 the Family Law Amendment, or Shared Responsibility Act 2006 sets out the requirements for complying with federal laws regarding custody and child visitation....
CONTINUE READINGThe judge accepted evidence of family violence and was correct in not applying the presumption of equal shared parental responsibility. The father?s appeal dismissed....
CONTINUE READINGA child Inclusive conference is a meeting with a family consultant, the adults and the children involved in the matter. The Court orders the meeting. Lawyers are not included....
CONTINUE READINGMost couples dread property settlements. It is usually a time-consuming and expensive process. The are quicker ways to achieve your settlement goals....
CONTINUE READINGMany couples reach agreements privately and without involving lawyers or the Court in reaching such agreements....
CONTINUE READINGIn this article we will look at your options to force your partner to comply with a Property or Financial order made by the Court....
CONTINUE READINGMany people think that initiating litigation is too aggressive and some even say you should only use it as a last resort....
CONTINUE READINGCan one of the parties to a property settlement dispose of their interest in an asset prior to reaching an agreement?...
CONTINUE READINGDivorce application serving means that the documents must be delivered to your spouse, in accordance with court rules, at his or her place of work or home address....
CONTINUE READINGUsing recordings as evidence in a child dispute will depend greatly on how it was obtained. Even the police have to follow very specific rules...
CONTINUE READINGwhere there is a dispute about parenting arrangements, the court will order the parents to attend an interview with a family consultant. It could take the form of a Child Dispute Conference....
CONTINUE READINGVexatious litigation is legal action brought solely to harass, annoy, embarrass or subdue and adversary, regardless of the merits or prospects of success of the action...
CONTINUE READINGIf your child has a passport and you are concerned that he or she might leave the country you can obtain a court order for a PACE alert that will be sent to the Australian Federal Police....
CONTINUE READINGFirstly 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,...
CONTINUE READINGA de facto party must, ordinarily, bring an application for a property or maintenance order to the court within two years of separation. Do you have any rights?...
CONTINUE READINGThe more affluent lifestyle is nice while it lasts, but what happens when it ends? In the event of a divorce, should the spouse with less wealth continue to live an enviable life, or return to the less fortunate premarital lifestyle?...
CONTINUE READINGStudies have shown that it is high levels of conflict between the parents, and not the divorce itself, that has the worst negative impact on the children....
CONTINUE READINGYou owe it to yourself and your children. Take the time and energy to work out the value of the relationship to you in personal terms. See a counselor, talk to your partner....
CONTINUE READINGThe court doesn?t only examine the past and present needs of the parties involved in a separation case. In this article, we?ll look at how future needs and resources play a role....
CONTINUE READINGOnce you?ve finished valuation, contributions to the relationship are assessed. The court looks at financial and non-financial contributions, and a division of the pool is made either using an asset-by-asset or percentage approach....
CONTINUE READINGStep 1: Identify and value belongings and debts.You can consider any of the property belonging to both parties in settlement proceedings....
CONTINUE READINGProperty negotiations may be fruitless if you cannot agree on the value of the assets. Dividing by percentages is only useful when the value of the 100 per cent share ? the whole pie ? has been quantified....
CONTINUE READINGA location order application can be submitted by a person who has responsibility for the child under a parenting order....
CONTINUE READINGA family consultant is a representative of the court who can work with both parties to find an agreement regarding the children....
CONTINUE READINGA parenting plan allows you to make adjustments to a previous court order without the cost and hassle of a new application to the court....
CONTINUE READINGWhen supervised visits are ordered by the court, it is often a temporary situation, as the parent is given the opportunity to earn the right to unsupervised visits....
CONTINUE READINGWhether a secret recording of a conversation can be used as evidence in a family law case depends on the nature and content of the recording....
CONTINUE READINGThe case of Churchill & Raske discussed the gray area in evidence law which is the matter of providing self-incriminating evidence in family law....
CONTINUE READINGWhen parents are from different countries, parenting can be a challenge. Each parent might want to raise the child in his or her native country....
CONTINUE READINGFamily Court is fraught with drama, passion, and emotions. However, the way you behave in court can directly influence the outcome of the case....
CONTINUE READINGDe facto couples can ask a Family Law Court to make a property settlement. That includes dividing all property, including superannuation interests, owned together or separately...
CONTINUE READINGAfter divorce, parties to the marriage may divide their properties by a written agreement between them without any court proceedings...
CONTINUE READINGThe Family Court of Western Australia is a state court dealing with family law which was established in 1976 under the Family Court Act of 1975...
CONTINUE READINGMarried couples can divide their property without the assistance of a court, but might want to take steps to make their agreement binding...
CONTINUE READINGA Single Expert Report is an independent report prepared by an expert such as a medical practitioner, a psychologist or a psychiatrist based on mutual consent of both parties to secure the services of the expert....
CONTINUE READINGAn injunction is a restraining order of the court to prevent a person from doing any act or thing. Likewise, it may also require a person to do an act or a thing. In the Family Court, a party may have to apply for an injunction for either financial or children?s cases....
CONTINUE READINGParties who apply to a Family Law Court to resolve a dispute will need to prepare appropriate affidavits to prove their case....
CONTINUE READINGWhen family law disputes involve property or financial issues, the case will not proceed to trial until a case assessment conference is held before a registrar...
CONTINUE READINGWhen disputes in a family law proceeding involve children, the court may depend upon the assistance of a professional who prepares a family assessment report...
CONTINUE READINGThe court will only consider evidence in a family law proceeding if the evidence is relevant and presented in a proper format....
CONTINUE READINGIn a parenting case, a court might issue an interim order to establish where the children will live until it has the opportunity to make a final decision....
CONTINUE READINGParents can apply for a contravention order when the other parent has breached or contravened the terms of a parenting order....
CONTINUE READINGFamily Law Courts can join third parties in a family law proceeding to protect the interests of both divorcing parties and third parties....
CONTINUE READINGChildren conceived by donated sperm or eggs in NSW and their birth parents are entitled to receive certain information about the donors...
CONTINUE READINGThe short answer is that children almost never testify in court. Nor should they. Parenting disputes that go to court are stressful enough for parents....
CONTINUE READINGParents can protect children who are named in a parenting order from being abducted by placing the child?s name on the Airport Watch List...
CONTINUE READINGIf you filed an application for a financial order seeking a property settlement in a Family Law Court, you will probably be required to attend a case assessment conference....
CONTINUE READINGHere are some of the most common questions we are asked about financial issues in family law proceedings....
CONTINUE READINGWhether you are married or in a de facto relationship, you will need to address financial issues if you separate....
CONTINUE READINGProperty issues in a divorce or after a de facto relationship breaks down include the division of assets and debts, including superannuation...
CONTINUE READINGWhen both parents have the right to spend time with a child, Australian law does not permit one parent to prevent the other parent from having access to the child...
CONTINUE READINGA breadwinner?s special skills that increase the value of a property pool...
CONTINUE READINGIn most cases, it is best to use a binding financial agreement or a consent order to divide your property after a divorce...
CONTINUE READINGWritten agreements made by divorced or separated parents can be made enforceable by obtaining a consent order from a Family Law Court...
CONTINUE READINGFamily Law Courts try to give equal time to each parent or, if that is not practical, to give each parent substantial time with the child...
CONTINUE READINGIf you divorce or if your de facto relationship ends, you need to take certain steps to make sure that the needs of your children are met....
CONTINUE READINGWhen you apply for a contravention order, the court must decide what kind of order to enter if it decides to grant your application....
CONTINUE READINGBefore the court decided whether a contravention order is necessary, it will hold a hearing. This article explains what happens at that hearing....
CONTINUE READINGIf the other parent of your child claims that you violated a parenting order and applies for a contravention order, the consequences can be serious....
CONTINUE READINGParenting orders that are entered after two parents separate or divorce usually define the rights and obligations of each parent with regard to their children....
CONTINUE READINGIn the best of cases, the relationship with your family lawyer will go well and you will not need to consider changing the scene. But it is the rule, not the exception, that things will not go smoothly in a contested divorce case. And you do need to keep evaluating how things are going.....
CONTINUE READINGTalking with your lawyer is not like talking with your best friend. Although you want to have open and easy communication with your lawyer, you must remember to stay focused on the issues your lawyer wants you to address....
CONTINUE READINGAs you interview each lawyer, be on the lookout for the following characteristics that might indicate they should be avoided...
CONTINUE READINGThe family home is the asset that most often causes controversy, both before and after a divorce. It is usually the most valuable asset to divide in a divorce...
CONTINUE READINGOnce you or your spouse have made the decision to go ahead the divorce, certain events occur whether you want them to or not....
CONTINUE READINGIf you apply for a financial order or a parenting order and are given a contested hearing (trial), you will need to present evidence. Both the Family Court of Australia and the Federal Circuit Court of Australia follow the Evidence Act 1995, but they each have their own procedures governing trials and evidence....
CONTINUE READINGDivorce can be traumatic at the best of times, and it is even worse when children are involved. All too often, the custody fight becomes about the parents winning and not what is best for the child or children concerned. Pride steps in and everything flies out the back door....
CONTINUE READINGMost mothers adore their children and thats the way it should be. We should, however, not become obsessional about our kids....
CONTINUE READINGUsually in a divorce case, the mother gets custody of the child. In rare cases, fathers may get custody if the courts believe that the mother is an unfit single custodian...
CONTINUE READINGWhen my husband allowed circumstances to change our relationship, I had to keep my dreams alive.If you are struggling to cope with life right now, then keep on reading....
CONTINUE READINGPursuant to s 79A(1) FLA, a person affected by an order made under s 79 FLA may apply to have that order set aside or varied. If the court considers it appropriate, it may make another order under s 79 FLA in substitution for any orders it has set aside....
CONTINUE READINGAn applicant does not have the right to refuse contact between a party and a child which is required pursuant to an order of the Family Court simply...
CONTINUE READINGUnless your matter falls into one of the exceptions to the pre-action procedures, these procedures are compulsory and costs orders may be awarded against you and your lawyer...
CONTINUE READINGThe Hague Convention provides for the return of child to his or her country of habitual residence so that the courts in that country can determine issues of parental responsibility and with whom a child should live and spend time....
CONTINUE READINGPresumption of paternity A child conceived or born during a marriage section 69p of the Family Lw Act is presumed to be the husbands child....
CONTINUE READINGSeparating from a spouse or domestic partner is never easy. It is even more difficult if you have children together. Here are some things you should think about before you separate....
CONTINUE READINGParents are usually entitled to child support if they are taking care of the children they had with a former spouse, but in most cases, you cannot apply to a Family Law Court for a child support order. This article will explain that rule and its exceptions....
CONTINUE READINGAn initiating application is a request for a court order to resolve a family law dispute. It is usually used to seek financial orders (governing property settlements and the payment of maintenance) or parenting orders (deciding where children will live and when or how they will spend time with the other parent)....
CONTINUE READINGFamily law courts enter three kinds of orders. A final order (usually a financial order or a parenting order) is the courts final resolution of a dispute...
CONTINUE READINGIf you have divorced your spouse or separated from your de facto partner, you might still need the courts help to resolve certain parenting or financial issues...
CONTINUE READINGThe Australian Family Law Courts require most couples who divorce to make a good faith effort to resolve their differences by negotiating a property settlement before asking the court to divide their property....
CONTINUE READINGA property settlement resolves financial issues after a relationship ends, including the division of property and the payment of maintenance. Divorcing spouses or couples who are ending de facto relationships can make their own agreement or they can ask the court to make decisions for them....
CONTINUE READINGAssuming you are eligible, it is not difficult to apply for a divorce in Australia. Here is a quick guide to help you understand the process....
CONTINUE READINGIf you were married or are now living overseas, can you get a divorce in Australia?The answer is yes if you or your spouse are an Australian citizen....
CONTINUE READINGIf you are in a de facto relationship that breaks down, you may be entitled to the same benefits a divorcing spouse would receive. This article will explain those entitlements....
CONTINUE READINGWhen a couple separates or divorces, they either agree to a property settlement or they ask a court to divide their property for them....
CONTINUE READINGWhen the existence of a de facto relationship is in dispute, either party may ask the court for a declaration that a de facto relationship did or did not exist....
CONTINUE READINGWhen parents separate, it can be hard on the parents and their children, too. There are many adjustments that need to be made and not everyone is happy about these all the time...
CONTINUE READINGA Family Report is a document written by a family consultant appointed by the Court. It provides an independent assessment of the issues in the case and can help the judge hearing the case to make decisions about arrangements for the child/ren....
CONTINUE READINGIf you are bewildered by the separation of your parents, you arent the only one. Around 11,000 teenagers throughout Australia experience the effects of family separation annually...
CONTINUE READINGWhen a marriage or de-facto relationship has irretrievably broken down, the financial arrangements that have taken place between the parties concerned have to be finalised....
CONTINUE READINGWhen a de facto couple separates, if the two parties are unable to come to an agreement regarding the parenting of children, it will be necessary to submit a parenting order application...
CONTINUE READINGThe Australian Government does have agreements with a number of overseas countries for enforcement and collection of payments for child support, child maintenance and spousal maintenance too....
CONTINUE READINGContempt of court issues must be taken seriously as the perpetrator could receive a severe punishment such as a fine or a period in prison...
CONTINUE READINGThis discretion powers is given when using powers to apportion property in a divorce settlement or in the making of decisions related to the bringing up of children....
CONTINUE READINGA party may claim that a specific financial contribution should entitle them to a bigger share of the assets. A decision regarding this will be determined by the Court....
CONTINUE READINGA court will give recognition to this non-financial contribution made by the party when it comes to a property settlement when the relationship has ceased....
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