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So far avaldeadmin has created 197 blog entries.

A Warning for School Counsellors

11 January 2022

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 [...]

Methods of Collection of Child Support

22 December 2021

The Child Support legislation imposes a legal obligation on parents to provide for the financial support of their children. The role of Services Australia (previously known as Child Support Agency) is to assess and collect child support. Assessments are made under Service Australia formula (which was changed on 1 July 2008). Once an administrative [...]

The ‘how-to’ of De Facto property settlements

8 December 2021

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 [...]

Getting a Divorce – What About ‘Fault’?

6 December 2021

Divorce raises a lot of emotions – hurt, anger, disappointment.  It's usually not pleasant – so surely blame and fault should play a big part? No Fault System For those that are new to the process, the first – and sometimes 'shocking' – discovery is that the Family Law system in Australia is based [...]

International Child Abduction

19 October 2021

Allowing a child to travel overseas A frequent problem that separated parents encounter is trying to reach an agreement on whether one of the parents can take the child overseas. In the vast majority of cases this is in the context of an overseas holiday, however from time to time there is a more [...]

Step-Parents & Maintenance?

7 September 2021

With more than 40% of marriages failing and an observed shift from nuclear families to blended families, an interesting issue is whether step-parents should be obliged to pay maintenance for their spouse's children. The law relevant to this issue is contained in Division 7 of Part VII of the Family Law Act 1975. This [...]

Property values at cohabitation

10 August 2021

When determining each party’s entitlements in a property settlement, it is necessary to not only ascertain the value of the property 'pool' but also the appropriate percentage split. The 'percentage split" is determined by considering the "contributions" made by each spouse to the acquisition, conservation or improvement of their property.  This includes contributions which [...]

Does child contact need to be encouraged?

26 July 2021

The question often arises as to whether there are any obligations on a primary carer parent, under a court order, to encourage a child to see the other parent? The area is problematic and usually case specific, but the general answer is “Yes”. The law provides that there is a positive obligation on primary [...]

Determining a Property Settlement – One Asset at a Time?

29 June 2021

The process for determining a property settlement usually involves "pooling" all the property, valuing it and then dividing it as an overall pool (this is called the "global approach"). However, it is open to the court to consider the contribution each party has made with respect to each item of property. This alternative option [...]

How long for spouse maintenance?

1 June 2021

The length of time that spouse maintenance payments are provided for usually depends upon the time required for the lower income earner to re-train and re-establish themselves into paid employment. Consequently, the length of time is usually not very long. In a recent case, the trial judge limited the wife’s entitlement to spouse maintenance [...]