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 Violence Custody custody disputes Family Dispute Resolution Family Law
13 December 2022
Family Court supervised visits -resented by father and stopped then resumed
In the case of Samad & Haider [2022] FedCFamC2F 1256 (16 September 2022) the father was found to have a sense of entitlement in resenting the fact that his contact with his child was ordered to be supervised. Background The mother and father married in an Islamic religious ceremony in 2019 and had a short …
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Family Law dispute resolution Family Dispute Resolution
7 October 2022
Commencing or responding to proceedings in the Family Courts of Australia
Proceedings are commenced by filing an Initiating Application. The necessary pre-action procedures, full and frank disclosure, must have already been completed. Initiating application File the following documents with an Initiating Application in financial proceedings: 1. a Genuine Steps Certificate that certifies the applicant has complied with the pre-action procedures and made a genuine attempt to …
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Family Dispute Resolution Parenting Orders
4 July 2022
BREACHING PARENTING ORDERS- MOTHER FINED
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, …
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Family Law Family Dispute Resolution family mediation
19 February 2021
When one parent wants to vaccinate – a case study
When one parent wants to vaccinate – a case study Being separated and co-parenting brings challenges, in particular when one parent wants to vaccinate their child and the other doesn’t. When it comes to making decisions about the health and well-being of children, you want what is best for your children, but when issues cannot …
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Family Dispute Resolution dispute resolution Family Law family mediation
26 November 2020
Settling out of Court with Family Dispute Resolution
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 …
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Family Dispute Resolution Family Law Family Violence
9 October 2020
Family violence in Family Law cases
Family Violence in Family Law cases When it comes to family violence, the Court takes these allegations seriously. When making parenting orders, the Court will consider the best interests of the child. The Family Law Act prioritises the safety of children in parenting matters by giving higher priority to the protection of children from harm …
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dispute resolution Family Dispute Resolution Family Law family mediation
27 September 2020
Time limits in Family Law proceedings: A case study
A family law case detailing the importance of quality legal advice in the early stages of proceedings, to ensure the highest chance of getting the best outcomes to your property/financial settlement Time limits generally If you’re currently dealing with family law matters, in particular financial and property settlements, there are important time limits through the …
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Custody Family Dispute Resolution Family Law Laws on Children Parenting Orders
3 July 2019
Changing Parenting Orders – how to change a court order
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 …
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Divorce Family Dispute Resolution Family Law Mortgage Property Property Settlement Transfer of Land
18 June 2019
Forcing a sale of jointly owned property in Victoria
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 …
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