Children often express their wishes about which parent they want to live with. The consideration that is given to a child’s wishes depends on a range of factors, but age is usually the first question. In a recent case the court considered the wishes of a 15 year old. In a previous article we [...]
Separation and divorce inevitably means a property settlement will need to be worked out but what can you do if your former partner is trying to delay settlement? Beyond that being frustrating, you need to be aware of time limits. It is usually not a good idea to try and delay a property settlement. [...]
Most people would consider the relationship they have with their hairdresser to be deeply personal. Indeed, the conversations between client and hair stylist would be thought of as confidential by many. However, that is not the case. Did you know your hairdresser can be called to give evidence about you? Here is such a [...]
The dangers of the internet for children have been well documented but did you know it could also impact the amount of time you’re allowed to spend with them? Failure to properly monitor your child’s screen time is something that can be taken into consideration by the courts. In a recent case considered by [...]
Parents looking to bring a court application in a parenting dispute must first attend Family Dispute Resolution (FDR) and receive what’s called a Section 60I certificate from the Family Dispute Resolution Practitioner. It is rare that FDR can be avoided but what if the application is ‘urgent’? Once a section 60I certificate is obtained, [...]
It’s beginning to look a lot like Christmas and for most of us, after a stressful 2020, it’s the season we’re looking forward to. Should COVID restrictions allow, it’s a time to see family and friends, swap presents and stories and enjoy each other’s company. However, 2020 has been a long and tiring year, [...]
We’ve all heard the words “exceptional circumstances” and “unprecedented times” this year, but do any of them apply to setting aside a binding child support agreement? Courts recognise only very limited grounds for setting aside any kind of child support, particularly a binding child support agreement. In the past, some “exceptional circumstances” recognised by [...]
We live in an increasingly inter-connected world. And while social media may be great for keeping in touch with friends and family around the world, sometimes it can be used against you, particularly during a relationship breakdown. Cyber-stalking is domestic violence and is sadly a common complaint among women who have experienced coercion and [...]
By 2022 Australia will be home to 4 million people in the 65 – 84 age bracket. The impacts on our health care and aged care systems are quickly becoming apparent, but an ageing population will also change some aspects of family. Increasingly, one person in a marriage or partnership is being admitted to [...]
With COVID-19, financial pressures are increasing. When financial pressures are serious that can sometimes lead to bankruptcy. Declaring bankruptcy is a major financial step to take but what impact can it have in a divorce? What is bankruptcy? When a person is declared bankrupt, their assets are immediately put under the control of a [...]
