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So far avaldeadmin has created 198 blog entries.

Who should supervise contact?

23 March 2020

There are many circumstances which can arise in a matter which mean that one parent must be supervised when 'spending time' with their child. It is interesting to look at supervision options. The court is often faced with weighing up who an appropriate supervisor should be. Should the supervisor be a professional, such as [...]

Child Maintenance Trusts

9 March 2020

The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown. A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship. Such a Trust is set up to provide [...]

The ‘How-to’ of DeFacto Property Settlements

24 February 2020

How will our Property be Divided? The Family Law Act sets out how property is divided, for married couples and for defacto couples (who separated after 1 March 2009). What is a DeFacto Relationship A defacto relationship (includes same gender couples) is defined as “the relationship of a couple living together on a genuine [...]

Children don’t do affidavits

10 February 2020

You may wonder why the court in parenting matters does not accept evidence directly from children involved in the dispute. To most parents it would be clear that it would be too damaging to a child to be involved in their parent’s dispute to that degree. However, in a recent parenting matter, one of [...]

Hidden Expenses – CGT

27 January 2020

Property settlement can be a challenging process, which can involve arguments between the parties over contributions, valuations and also whether real estate and businesses should be sold or transferred into one party's name. Once assets have been divided between the parties, the issue can arise as to whether transaction costs in selling the investment [...]

Protecting Superannuation Pending Final Property Settlement

13 January 2020

Significant amendments were made to the Family Law Act in 2002 so that superannuation could be treated as ‘property’ in a property settlement. This allowed separated couples to split superannuation to another spouse as part of a property settlement by a superannuation agreement or court order. Prior to the amendments to the Family Law [...]

Testing a child’s wishes

6 January 2020

Your child is adamant they don’t want to return to the other parent after time with you, or they want to change school. Whatever the situation- it often happens and if there is no agreement between the parents, what do you do? Let’s have a look at the wishes of children. The paramount consideration [...]

Coping with Christmas – timely tips for separated mums and dads

11 November 2019

For most of us, Christmas is a happy time, a time when families and friends get together to swap presents and stories, share meals and homes and generally enjoy each other’s company. However, for families where parents are separated or divorced, Christmas can be a time of sadness, disappointment and disagreement and caught in the [...]

A Warning for School Counsellors

15 October 2019

School Counsellors have certain obligations as professionals when disclosures are made to them by children. A family law case has considered a school counsellor's behaviour and the consequential impact on the child's care arrangements, where the counsellor failed to comply with their professional obligations. The Facts: The parties had a 10 year old daughter [...]

The “How To” of Spouse Maintenance

7 October 2019

If there is an income disparity between parties at the time of separation, then there could be a spouse maintenance entitlement. Spouse maintenance is often an important issue for spouses after separation. The level of financial support provided by one spouse to the other affects not only the spouse in need, but the children [...]