Applying for a passport for a child without both parent’s consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially if they are separated and not on speaking terms). …
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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Family Dispute Resolution Family Law Property
6 June 2019
Valuing property in Family Law Settlements
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 …
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Custody Family Dispute Resolution Family Law Parenting Orders Separation
6 June 2019
Social Media and Family Law
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 …
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Family Law
6 December 2018
3 reasonable grounds for contesting a will
Losing a family member or a loved one is an emotionally distressing time for many people; comprehending the thought of never being able to see them again is enough to deal with. When there is a will involved, families can be torn apart in the midst of hurt and pain. Let’s be honest though, sticking …
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De Facto Relationships family dynamics Family Law
12 October 2018
When is a relationship legally defacto and does it end with an affair?
You may have heard people tell you the ‘rules’ about when a relationship becomes a de facto relationship under the law (often from what they hear from friends or read or watch on TV). Many people assume you just need to be living together for 6 months tor have a joint bank account to be …
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Family Law Spousal Maintenance
12 October 2018
Spousal Maintenance Australian example: Can I claim Spousal Maintenance (plus a wardrobe allowance)?
The 2018 case of DODT & ELEI (see below) decided a dispute on this very issue. This was an appeal against a spousal maintenance order. We discuss this spousal maintenance Australian example. Mr Elei had been ordered to pay Ms Dodt $1,450 per week and to cover her private health insurance. The amount took into account …
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Family Dispute Resolution Contact Family Law Laws on Children
20 July 2018
Parental Alienation Syndrome and Collaborative Approach in Family Law Cases
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 …
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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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