Ways To Formalise Your Agreement in Family Law If you and your former partner can reach an agreement in principle about how to divide your property and financial resources, you can save an enormous amount of time, money and the stress of being in the Court system. After agreed, making it legally binding, means you …
Family Dispute Resolution

Case Summary- Bircher & Bircher The case of Bircher & Bircher was an appeal brought by the mother of a successful contravention application brought by the father. The primary judge found that the mother contravened parenting orders on three occasions by withholding children from time with the father and by taking them to medical appointments, …

Settling out of Court with Family Dispute Resolution Separation and trying to negotiate terms with your ex-partner can be very challenging at times, especially when children are involved. Family Dispute Resolution can be a way of settling your family matter out of Court, so it’s important to equip yourself with the right information to get …

Changing Parenting Orders – how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979) FLC 90-725. This case provides that where final …

Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then the Family Court of Australia will have …

Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset e.g for contents of a home you do not rely on the insurance replacement value, but rather second-hand goods value. For superannuation – depending on the …

Social media and family law: The impact on parenting proceedings One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for parents. Social media and family law is …

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 …