Michael Lynch Family Lawyers


The Family Flyer is a free community service by Michael Lynch Family Lawyers. The publication is designed to be informative and topical and to assist you in understanding the ever-changing field of Family Law.

This edition includes:

  • New Seminar Series!
  • Special Offer – Limited Time!
  • “Close-up” – Edition
  • “Guide to Family Law” – get your copy now!
  • Domestic Violence – Safety Plan
  • Does “Virtual Visitation” make a Meaningful Relationship?
  • Enjoyed this newsletter? – Forward it to a friend!

New Seminar Series!

Get up-to-date with the latest on Family Law by attending our upcoming Seminar Series! The seminars will provide information about the changes to Family Law, including shared parenting, property settlements and more!

The seminars are $20 for information valued at $500! Book now for “Surviving Separation” at one of the following locations:

  • Wednesday, 10 February – 1-2.30pm at Sebel Suites, Albert Room, Charlotte St, Brisbane City
  • Tuesday, 2 March – 6-7.30pm at Michael’s Oriental Restaurant & Function Centre, 223 Padstow Rd, Sunnybank
  • Wednesday, 3 March, 6-7.30pm at Pathways Community Library, 1 The Corso, North Lakes.

Don’t miss this valuable opportunity, ph. 3221 4300 to secure your seat now!

Special Offer – Limited Time!

For a LIMITED TIME ONLY we are offering a significant cost saving on a new initial consultation!

Don’t miss this opportunity! Visit “Special Offer”.

“Close-up” – Edition

Can a Grandparent apply to spend time with their grandchildren? Read this week’s article – ‘How does the Family Law Act Apply to Grandparents?’.

“Guide to Family Law” – get your copy now!

Our “Guide to Family Law” Book is FREE and fully up-to-date with all the latest changes in Family Law, including, children’s arrangements, Child Support and property settlements for defacto couples. With over 50,000 copies distributed to date, our book is the only one of its kind in Queensland!

To get useful and important information about Family Law – order your FREE copy today! Ph. 3221 4300.

Domestic Violence – Safety Plan

If you are in a situation where you feel unsafe or at risk of being harmed by another person or your partner, there are some steps that can be put in place to leave a situation which could or has already turned into Domestic Violence. This plan of action to protect your safety includes:

  • Make a decision on who you can call if you feel threatened or in danger (e.g. police, neighbour, relative or friend).
  • Decide on a safe place where you (and your children can go if you need to leave in a hurry).
  • Decide on any arrangements that will need to be made for pets if they are also at risk of being harmed.
  • Save some money for a taxi or other form of transport that can get you away urgently if need be.
  • Keep extra keys to your house and car in a safe place.
  • Make a list of emergency phone numbers.
  • Keep some clothing, medication, important papers, keys and money with a person you can trust.
Michael Lynch Family Lawyers

For more information on Domestic Violence, read our article – ‘Understanding Domestic Violence’,

Does “Virtual Visitation” make a Meaningful Relationship?

There are no set guidelines which the Court follows when deciding whether a relocation of a parent and child away from another parent should be permitted. A case involving relocation is decided on a case by case basis, taking into consideration the facts and circumstances of each case.

The concept of “virtual visitation” has started to emerge in relocation cases, and this has highlighted differing views. In one case, where a child could only visit a parent monthly or less, the Court found that, as long as there was electronic communication in between visits that would maintain a “meaningful relationship”. However, in a more recent case, the Court has said that “virtual visitation” does not “sit comfortably” with the wording of the Family Law Act. The Act says children have a right to:

“spend time on a regular basis with, andcommunicate (as opposed to “or communicate”) on a regular basis with, both their parents”.

The more recent case involved:

  • The Mother, aged 33 and Father, aged 35, had been in a defacto relationship for 2 years.
  • There were 2 children of the relationship, aged 5 and 2.
  • The Father wanted to restrain the Mother from removing the children from metropolitan Sydney and that the children live within 25km from where he lived.

Court Found:

The Judge found that the relevant section of the Family Law Act did not leave room for a “form of communication” (“as technologically advanced as it may be”) to replace the ‘time’ factor included in the right. He distinguished this case from previous cases, by referring to the ages of the children. In past cases where “virtual visitation” was held to be sufficient to maintain a “meaningful relationship”, the children were aged from 7 to 11, having the opportunity to already have extensive experience with using electronic communication, whereas the children in this case were much younger.

Court Order:

The Mother was not allowed to relocate with the children and had to live within a 25km distance of the Father.

Enjoyed this newsletter? – Forward it to a friend!

Sharing up-to-date information in Family Law has never been easier! You can select an edition of the Family Flyer online and forward it instantly to a friend.

If you have comments regarding the Family Flyer, whether it is in response to articles, or to provide suggestions for new articles, we’d love to hear from you. Please email us by visiting www.mlfl.com.au/contact.

Contact details

Michael Lynch Family Lawyers

Michael Lynch*

Senior Associates
Helen Bryden*
Kirstie Colls*

Elizabeth Millar
Amelia Trotman

Clare McCormack
Amy Honan

* Queensland Law Society
Accredited Family Law Specialists

Telephone: 07 3221 4300
Facsimile: 07 3221 9454
Email: [email protected]
Web: www.mlfl.com.au
Address: Level 6
193 North Quay
Brisbane Qld 4000
Post: PO Box 12027
George St, Brisbane Qld 4003




Copyright 2010


This document contains general comments only and should not be relied upon as specific legal advice. Readers should contact this Office for detailed information or advice on any topic in this document. Changes to the law occur regularly, no responsibility for any loss or damage caused to any person acting in reliance on this document shall be accepted by the Principal of this Office. No part of this document may be included on any document, circular or statement without our written approval.

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