Parental alienation seems to be increasing, according to a lot of family law solicitors in Australia. Meaning of Parental Alienation Syndrome What is parental alienation syndrome (PAS)? Essentially, it occurs when one parent influences the child against the other parent, by emotionally manipulating the child. Usually, the child (of any age from a toddler to …
Contact Family Law Family Violence Laws on Children Relocation of Children Residence
2 July 2018
Wanting to relocate with children? Relocation of children cases
Are you wanting to relocate with children? How hard is it to relocate children overseas when the other parent opposes? When the courts consider cases on relocation of children, there is usually an extraordinary reason behind the application. However, in the case of Ellis & Murphy [2018] FamCA 468 (22 June 2018) the main reason …
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Appeals Contact Court Custody Divorce Family Law Laws on Children
30 May 2018
Parental Alienation: Change of custody when a parent alienates the other parent
Parental Alienation in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the father where the mother simply could not …
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Contact Court Custody Divorce Family Law Family Violence Laws on Children
25 August 2017
Can Recordings Be Used in Family Law Court?
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States has their own legislation in relation to recordings. For example, …
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Contact Court Custody Divorce Family Law Intervention Orders Laws on Children Property
22 August 2017
Social Media in Family Law Court Cases
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for …
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Contact Court Custody Family Law Laws on Children Separation
1 August 2017
Child kidnapping cases in Australia family law
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’ which is normally a term applied to the …
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Contact Discharge of Mortgage Mortgage
29 November 2016
Paperless titles are now available
If you own your property but it is subject to a registered mortgage, that title will automatically become an electronic title (or paperless title) controlled by the mortgagee (the bank). What happens to my title now it may go paperless? Even if you had paid off your mortgage but the title still remains secured by the …
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Binding Financial Agreement Contact Conveyancing Legal Practice Power of Attorney Property Settlement
25 November 2016
Who can prepare legal documents? The law on unqualified practice
What is an unqualified legal practice? Many people are not aware of this concept: that the preparation of most legal documents is not permitted to be done by another type of professional, only a qualified lawyer. And this is for good reason, as great damage an be done by allowing just any person to do legal work …
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Asset Protection Bankruptcy Company Contact Contract Law Debt Recovery Joint Venture Personal Securities Property Refinancing
9 May 2016
Risks and legalities of lending money
You are not a bank but you decide to lend someone money….. There are a lot of families I see where they have lent a considerable amount of money to their adult working children with the expectation that it will be paid back, but there is nothing actual concrete to ensure it happens. The accountability …
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Contact Custody Divorce Intervention Orders
19 April 2016
Getting equal time with your children
A common question I hear from family law clients is: I have recently separated from my partner and I wish to have equal time with the children. How do I get equal care of the children? It is not an “automatic right” of the parent to get equal care. Rather it is a right of …
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