Family Law Information by Aussie Divorce

When your child refuses to visit your ex

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....

leaving the family home after separation

Leaving 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....

Now that we have separated who has to pay the mortgage

Many partners are surprised to find that the ex who has moved out of the jointly owned property can stop making repayments....

Home deposit from parents is it a gift or a loan

One 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....

Property orders of the court

The 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....

Custody and visitation

Your 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....

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....

Child Inclusive Conference

A 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....

Best way to achieve your property settlement goals

Most couples dread property settlements. It is usually a time-consuming and expensive process. The are quicker ways to achieve your settlement goals....

My Ex and I agreed on property settlement and finances

Many couples reach agreements privately and without involving lawyers or the Court in reaching such agreements....

Complying with financial orders

In this article we will look at your options to force your partner to comply with a Property or Financial order made by the Court....

Negotiate or litigate

Many people think that initiating litigation is too aggressive and some even say you should only use it as a last resort....

Property settlement - prior disposal of assets by your ex

Can one of the parties to a property settlement dispose of their interest in an asset prior to reaching an agreement?...

How to serve the application for divorce

Divorce 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....

Using recordings as evidence in a child dispute

Using recordings as evidence in a child dispute will depend greatly on how it was obtained. Even the police have to follow very specific rules...

Child Dispute Services

where 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....

Vexatious Litigant Orders

Vexatious 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...

The pace alert system

If 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....

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,...

The legal status of de facto relationships

A 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?...

Divorce Spouses cannot always hold onto a lavish lifestyle after divorce

The 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?...

Parenting the separation journey a child centered approach

Studies 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....

Still deciding whether to separatedivorce or not

You 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....

Property order Step 3 Needs and resources

The 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....

Property order Step 2 Looking at each persons contributions

Once 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....

Property order Step 1 Identify and value belongings and debts

Step 1: Identify and value belongings and debts.You can consider any of the property belonging to both parties in settlement proceedings....

Property settlement - valuing assets and liabilities

Property 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....

Orders to locate and recover missing children and prevent abduction

A location order application can be submitted by a person who has responsibility for the child under a parenting order....

Early stages in a parenting case

A family consultant is a representative of the court who can work with both parties to find an agreement regarding the children....

Effect of a parenting plan

A parenting plan allows you to make adjustments to a previous court order without the cost and hassle of a new application to the court....

Order for supervised time with a child

When 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....

Use of conversation recordings as evidence in a family law case

Whether 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....

Self-Incriminating evidence

The case of Churchill & Raske discussed the gray area in evidence law which is the matter of providing self-incriminating evidence in family law....

Child custody and International family law

When parents are from different countries, parenting can be a challenge. Each parent might want to raise the child in his or her native country....

Going to the family court tips

Family Court is fraught with drama, passion, and emotions. However, the way you behave in court can directly influence the outcome of the case....

De Facto property settlement FAQ

De 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...

Property settlement after divorce time limit

After divorce, parties to the marriage may divide their properties by a written agreement between them without any court proceedings...

Family Court in Western Australia

The 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...

Dividing property in a divorce or de facto relationship

Married couples can divide their property without the assistance of a court, but might want to take steps to make their agreement binding...

Single expert witness family court

A 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....

Family Law Injunction Order

An 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....

Use of affidavits in family court proceedings

Parties who apply to a Family Law Court to resolve a dispute will need to prepare appropriate affidavits to prove their case....

Case assessment conference family court

When 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...

Family assessment report

When disputes in a family law proceeding involve children, the court may depend upon the assistance of a professional who prepares a family assessment report...

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....

Procedures for Interim parenting orders

In 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....

Breaching or contravening a parenting order

Parents can apply for a contravention order when the other parent has breached or contravened the terms of a parenting order....

Third party Interests in family court proceedings

Family Law Courts can join third parties in a family law proceeding to protect the interests of both divorcing parties and third parties....

Children born to parents using donated sperm

Children conceived by donated sperm or eggs in NSW and their birth parents are entitled to receive certain information about the donors...

Does a child need to testify in a family law proceeding

The short answer is that children almost never testify in court. Nor should they. Parenting disputes that go to court are stressful enough for parents....

Child abduction and the airport Watch List

Parents can protect children who are named in a parenting order from being abducted by placing the child?s name on the Airport Watch List...

Family Law Case Assessment Conferences in Financial Cases

If 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....

Property Settlement FAQ

Here are some of the most common questions we are asked about financial issues in family law proceedings....

Financial and property issues after separation

Whether you are married or in a de facto relationship, you will need to address financial issues if you separate....

Family Court Procedures in Property Cases

Property issues in a divorce or after a de facto relationship breaks down include the division of assets and debts, including superannuation...

Enforcement of Overseas Orders Concerning Children

When 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...

How special skills affect property settlements

A breadwinner?s special skills that increase the value of a property pool...

Formalising a Property Settlement

In most cases, it is best to use a binding financial agreement or a consent order to divide your property after a divorce...

Making and enforcing parenting agreement

Written agreements made by divorced or separated parents can be made enforceable by obtaining a consent order from a Family Law Court...

Dividing the Childs Time between Each Parent

Family 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...

Parenting Plans and Child Custody Schedules

If 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....

Varying a parenting order

When you apply for a contravention order, the court must decide what kind of order to enter if it decides to grant your application....

Attending a contravention Hearing

Before the court decided whether a contravention order is necessary, it will hold a hearing. This article explains what happens at that hearing....

Responding to an application for a contravention order

If the other parent of your child claims that you violated a parenting order and applies for a contravention order, the consequences can be serious....

What You Can Do if a Parenting Order is Not Followed

Parenting orders that are entered after two parents separate or divorce usually define the rights and obligations of each parent with regard to their children....

Evaluating your family lawyer

In 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.....

Communicating with your family lawyer

Talking 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....

Lawyers to avoid

As you interview each lawyer, be on the lookout for the following characteristics that might indicate they should be avoided...

Division of the family home and assets

The 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...

Is divorce want you want

Once you or your spouse have made the decision to go ahead the divorce, certain events occur whether you want them to or not....

Presenting evidence in a family law court

If 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....

Why I gave my Ex custody

Divorce 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....

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....

Missed out on my daughters birthday again

Usually 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...

Stay Strong When Going Through Relationship Breakdown

When 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....

Setting aside property settlement orders

Pursuant 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....

Family law contact orders and AVO Domestic violence orders

An 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...

Pre-action procedures in financial matters

Unless 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...

Australia is a party to the Hague Convention

The 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....

Paternity issues

Presumption of paternity A child conceived or born during a marriage section 69p of the Family Lw Act is presumed to be the husbands child....

Separating from my spouse with children

Separating 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....

The Family Courts have the authority to decide child support issues

Parents 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....

How do I file a response to an initiating application

An 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)....

Interim orders family law court

Family 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...

How do I apply to the family court for property or parenting orders

If 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...

Applying to the court for financial property orders

The 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....

How do i start the property settlement process

A 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....

Family Law Information

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