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About Kelly Noble

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So far Kelly Noble has created 20 blog entries.

Can I stop my child seeing the other parent?

8 January 2019

There is an expectation that parties to a court order will do as it says. A person infringes an order by acting illegally by breaching the order intentionally, or the person has made no reasonable attempt to comply. The court recently considered a case where a mother had refused to sign paperwork for the children [...]

Why the time with my children needs to be supervised?

11 December 2018

It is not uncommon for a parent’s time with a child to be supervised if there are allegations of abuse and the judge determines the child is at an unacceptable risk of harm.  Supervision allows the relationship to continue but ensures as far as possible that the child is safe.  It is however unusual to [...]

What does child support cover?

4 December 2018

Parents in Australia have a legal obligation to provide financial support for their children, which continues following separation until the child turns 18 (and on occasion, beyond). So, what does this payment actually cover? What does financial support for children cover? Child Support covers expenses for children such as food, housing, clothes, school costs and [...]

What’s required to be ‘separated under one roof’?

4 December 2018

It is a common misconception that separation occurs only once you start physically living separately. In fact, many couples spend at least a short period separated under the one roof. So, what is that? Reasons for being separated but living under the one roof There are many reasons why a separated couple may remain living [...]

Child taken overseas – what can you do?

3 December 2018

If your child has been taken overseas without your consent then you need to act quickly. Here are some quick practical tips on what you should consider in the event that your child is abducted: Family Law Watchlist - In the event that your child may not have yet left Australia you can contact the [...]

“Is travelling overseas with my child OK?”

6 November 2018

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 [...]

Property settlement – not an accounting exercise

26 October 2018

In a recent case in the Federal Circuit Court, the Judge was critical of the husband who was trying to claim that certain contributions during the relationship should be precisely accounted for in the final property settlement. The court explained that, in accordance with the law, the proper approach was a more holistic approach, which [...]

What is ‘parental responsibility’?

26 October 2018

What is "parental responsibility"? The purpose of “parental responsibility” is to allow the child to achieve their full potential as a person by the involvement of both of the children’s parents in the child’s life. How do the parents fulfil that responsibility? Parents are expected to maintain the child until the child reaches 18. [...]

Can you oppose a divorce if there might be a reconciliation?

26 October 2018

From time to time one party to a marriage does not accept the relationship has ended. It was this scenario which occurred in a case before the court in Sydney, recently. The wife filed for divorce in December 2017. The husband opposed the divorce being granted on the basis that he wanted the parties to [...]

We’ve got an amicable agreement – what do we do now?

26 October 2018

Having been told by a client that an amicable agreement has been reached for a property settlement, we sometimes find that problems arise and the "agreement" is not what it seemed. So that you are ahead of the game, here are some (not all) of the common problems; There is a broad 'understanding' between the [...]