What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased’s causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will challenges It is important to consider whether …
Court Custody Parenting Orders
7 August 2018
Breach of Parenting Orders – Withholding Kids
So you finally got some court orders about your child’s right to spend time with you. But what happens when the other parent is withholding the children with excuses and parenting orders are breached? This was looked at in the recent case of Raki & Perez Varela (2018) Background of Raki v Perez case Parties …
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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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Court Custody Family Law
8 August 2017
Moving abroad with child after divorce
If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don’t agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in parenting cases. In the recent case of a …
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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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Court
19 April 2016
7 good reasons to get a lawyer if you are going to court
Many new clients ask: Do I really need to get a lawyer to come with me to Court? You can certainly represent your self and and probably should do so to save the money if the stakes are not high eg: dispute over a parking ticket or a small consumer claim. But when more important …
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Asset Protection Contract Law Court Family Law Family Trusts Prenups Property Separation
19 October 2015
Binding financial agreements and prenups explained
A binding financial agreement or prenup as the casual term, is an written agreement between two parties setting out the assets, liabilities, property and other financial information of how it will be divided should there be a relationship breakdown. Binding financial agreements can be made before, during or after a marriage or de-facto relationship. Lets …
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Court Family Law Family Violence
16 October 2014
Appealing an intervention order
Can a family violence intervention order be appealed? If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision but you need to ensure that this is done within 30 days of the Intervention Order or dismissal of …
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