“Do you know a good family lawyer in Brisbane?” “Who’s currently the best family lawyer?” These are some of the first questions to be asked when someone separates. Like any area of life that is new, it’s human nature to want to find comfort and security in that new environment. That need is particularly [...]
What is mediation? Mediation provides an alternative to going to Court (letting a Judge decide your matter for you). It involves you and your former partner, sitting down with an independent third party (a "mediator"), who gives both of you an opportunity to tell your side of the story and attempt to help you [...]
The Family Law Act requires that parents that are not in agreement about their child’s parenting arrangements must attend mediation. They must also obtain a Certificate of Attendance (Section 60I Certificate) before an Application for a parenting Order, can be made to the court. The types of section 60I certificates, which may be issued [...]
An Independent Children Lawyer (ICL) is an experienced solicitor who is appointed by the court to represent a child. Generally, their role is to assist the court in reaching a decision in the best interests of the child. However, they are not appointed in every case. Case law sets out what the role of [...]
The age at which a child’s wishes hold weight with a court is a topic constantly debated, and continues to be a difficult subject for the court. It is worth re-stating that Court Orders made under the Family Law Act in relation to children remain in place until a child is 18 years of [...]
If you have been married for less than two years and you are considering separating from your spouse or getting a divorce, it is important that you understand your rights and how the Family Law system in Australia works. Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse. Following the [...]
Each case to change a child’s surname is unique. It is therefore important that prior to commencing any Application you obtain specific advice from a family law solicitor. A child’s surname can be changed at any time when there is consent between the parties. However, if there is no agreement, a parent needs to [...]
The Court was asked to determine whether the wife's joint interest in the 'remainder' of a property should be considered as part of the property settlement. The wife was listed on the Title Deed as a tenant in common of the 'estate in remainder' of a house meaning she would receive ownership when her [...]
There is a danger with Judges expressing a ‘preliminary view’ at the start of a hearing, about the likely outcome of a case. The obvious risk is that after the hearing, the ‘losing’ party may suspect that the Judge had made findings in the case that were necessary to support their preliminary view. A [...]
