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Tips for achieving overseas holiday travel with children

18 July 2016

One parents wish to take a child overseas for a holiday can cause a lot of concern for the non-travelling parent, if open discussions have not occurred. Disagreements often arise about how much notice should be provided by the travelling parent and what countries the child should be permitted to travel to.If the parents can’t [...]

Q & A

12 July 2016

Q: When is the Right Time to See a Solicitor? A: You should always speak to a Family Law Solicitor as early as possible. If you are thinking that you may separate from your partner, it is a good idea to book an initial consultation to discuss your rights and obligations, as well as the [...]

The House is in my Name, But it Belongs to my Parents

12 July 2016

In a property settlement, any real property that has one or both of the spouses on the Title to the property, will nearly always be included as an asset of the parties. There are a few circumstances however, where this will not be the case. In a recent case the court was faced with an [...]

Is There a Preference For Single-gender Over Co-ed Schools?

12 July 2016

No. The Family Court will not be drawn into such abstract analysis, just as it will not be drawn on which school is better.  Understandably these types of Court Applications are common place at the end of any given year, particularly when a child is about to commence schooling early the following year.  Parents are [...]

New Court Fees

12 July 2016

It’s a new financial year and the Courts are increasing filing fees. Here are some of the new fees payable to the Courts, from 1 July; Family Court Application for consent orders $160 Initiating Application (Parenting andFinancial, Final and Interim) $660 Response to initiating application $330 Federal Circuit Court Application for divorce $865 Application for divorce [...]

Getting a Divorce – What About ‘Fault’?

12 July 2016

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 on [...]

Providing Notice of Overseas Travel with Children

4 July 2016

Separated parents are often faced with a situation where the other parent wishes to travel overseas with the child for the purposes of a holiday or visiting extended family.  This can make the non-travelling parent anxious about the safety of the child during the period of travel, whether the child will be returned to Australia [...]

Application For Property Settlement 18 Years Out of Time?

28 June 2016

For a married couple time runs out for bringing an application for property settlement to the court 12 months after a divorce order has been made. (For defacto couples it is 2 years after the date of separation). If you miss this deadline you are in trouble as you can only then proceed with the [...]

Potential Polygamous Marriage

28 June 2016

In Australia a marriage must be between a man and a woman 'to the exclusion of all others". So what happens when cultural immigrants have multiple wives? The court recently considered just a case. The Facts The parties married in Iran in 1981.  The law in Iran permitted the husband, subject to certain conditions the [...]

Boarding School, Not The Answer

28 June 2016

In a recent interim hearing regarding parenting arrangements, the father took the unusual approach of seeking an order that his 12 year old daughter attend a boarding school. The existing arrangement had been that the child 'spend time' with her father 2 evenings a week, one day each weekend and during the school holiday periods. [...]