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 …
Family Law
19 November 2020
Top 5 things NOT to do in a child custody dispute
Top 5 things NOT to do in a child custody dispute Child custody disputes are not like any other court litigation. Emotions are running high; those involved may not think or act rationally or commercially and you cannot put any monetary value on the item in dispute (your children). You likely have intimate knowledge of …
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Family Law
2 November 2020
Is COVID-19 a reasonable excuse to not comply with a parenting court order? – A Case Study
Is COVID-19 a reasonable excuse to not comply with a parenting court order? – A Case Study COVID-19 has affected almost every aspect of life in 2020 and in Family Law, this is no exception. The restriction of interstate and local movement presents many challenges for separated families. Here is one example of a case …
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Divorce Family Law Property Settlement
21 October 2020
What is a full and frank disclosure in Family Law?
What is a full and frank disclosure in Family Law? All parties to a family law dispute are required to make full and frank disclosure of information and documentation that is relevant to the matter. This duty to disclose information relates to both paper and electronic documentation and/or information in your possession or control. It is …
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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 custody disputes Divorce Family Law Parenting Orders
14 August 2020
What factors determine equal custody of children: A case study
A Family Law Case where the nature of the parents relationship and conflict generally make it hard to get equal custody arrangements Although there are many applications by fathers to get equal custody arrangements put in place with their children, even after mothers have already had interim or long- term primary care, there are some …
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Custody Family Law
30 April 2020
Winning custody as a father: a case study
Family Law Case where a Father got custody and 70% of the assets As a family lawyer, I hear quite often from husbands and fathers going through the family law courts that “women always win” and “women always get the kids and most of the property”. Another gripe is that your ex-spouse will get half …
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Family Law Self-Managed Super Funds Separation
17 September 2019
Self-Managed Superannuation Funds in Family Law Disputes
Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes that could lead to financial penalty or in some …
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Divorce Family Law Laws on Children Separation
17 September 2019
Applying for a passport for a child without both parent’s consent
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). …
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