Considering moving with your kids interstate after separation? Can you do it? The short answer is yes, you can. However, if you decide to leave straight away without talking it through with your ex, chances are high that you will be served with a Court application for recovery orders. If you’re thinking about relocating with children, […]
Family Law Court Orders made by the court are binding on all parties. If your ex-partner is breaching Family Court Orders, it is legally referred to as a ‘contravention’, which is a serious offence, unless you have a ‘reasonable excuse’. The Court can make several orders in response to a breach. Many factors are taken […]
We will tell you everything you need to know about child support. Either parent can apply for a child support assessment. Child Support issues an assessment setting out the amount of child support payable by one parent to the other. The assessment is based on a formula. The level of child support varies depending on […]
Family violence affects many people and can happen in several ways; some may not even be considered as legally criminal. The Law Council of Australia has recently released a model which tries to easily define the types of violent acts that will constitute as “family violence” as well as extending who may be classified as […]
Who gets the pet in a divorce? There is no question that for animal lovers (this writer included) pets have become an integral part of the family. We are seeing more and more clients who want to know what will happen to the family pet after divorce. What does the law say? There is no […]
Finding out about a spouse’s infidelity can be devastating and often marriage-ending. Do you need proof of cheating for divorce? No. Since 1975, divorces in Australia have been granted on a ‘no fault’ basis. This means that the party making the application does not need to prove ‘fault’ on the part of the other party. Under the no fault […]
What is an Independent Children’s Lawyer (“ICL”)? They are a lawyer appointed by the Court to help determine a child’s best interests. ICLs are experienced family lawyers who have completed the national ICL accreditation program. Their fees are usually met in the first instance by Victoria Legal Aid, but parties are often requested to make a […]
When couples decide to start a family, they may not want to take any chances and opt for the best medical care that they can afford. They top up their health insurance and employ a specialist obstetrician. However, even with their health insurance, what with co-payments and so forth, it’s an expensive option that costs […]
Dispute resolution is an inherent part of most family separation proceedings. This is particularly the case after the court merger giving rise to the Federal Circuit and Family Court of Australia on 1 September 2021. We tell you what family law mediation is and how to prepare. What is Mediation? It is a process where parties to […]
A common complaint made by clients who are in the middle of a family law dispute, or have already have Court Orders in place, is that the other party is breaching, or not complying with the Orders. People hope that Orders bring their matter to a close. But what do you do when an ex-partner […]