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
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
Family violence is definitely a relevant factor in property proceedings. In property settlements for victims of family violence, the Court takes into consideration the various hardships they have had to endure. Depending on the specific circumstances of each case, a person who has experienced family violence may find that they are entitled to a greater
“It’s the most wonderful time of the year” right? A time for cheer and New Year resolutions and optimism for the future. Well, it would certainly depend on who you ask. If that person was a family lawyer, they would likely tell you the opposite unfortunately. The Christmas season is full of immense pressure on
Is court needed for parenting agreements? As usual with questions of law, it is the standard answer of ‘it depends’. But put simply, the answer is 'no' in terms of strict necessity. Australia’s use of non-adversarial dispute resolution for children’s matters has been trending for decades because of its preservation of familial relationships, its timeliness
Understanding the difference between separation & divorce will help you decide the pathway you want to take to end your relationship. Simply put, separation occurs when one party communicates to the other party that they no longer wish to remain in the relationship. It is as simple as that. This can occur in the context
As lawyers, we are often asked: can I put a caveat on the house? Alternatively, a frustrated home owner will contact us to say their former partner has lodged a caveat against their property without their knowledge. This article explores the common bases upon which a person may lodge a caveat in the context of
Can I be separated but still live with my ex? Separating from your partner while still living in the same house (known as separation under the one roof) is common and has become increasingly so due to COVID-19 lockdowns. Some reasons for this situation occurring include: Finances; Convenience; Staying together for the children; and One
Can I relocate with the children after separation? It’s not unusual for one parent to consider this. This could be to another suburb, interstate or even overseas. If you find yourself in this position and you are the primary caregiver for any children of the relationship, you may need to apply to the Federal Circuit
Can I open a bank account after separation? We get this question quite frequently and the short answer is yes. However, you need to be careful from where you are drawing money to fill your new personal account, and should always consider whether it is necessary before unilaterally doing so. Joint accounts One of the
My child wants to live with me after separation. Will the Court consider their views? When considering the best parenting arrangements for children, the Family Law Act directs the Court to consider the "best interests" of a child as the paramount, most important consideration. To identify what is in the child’s best interests, the Court
Can a child be court-ordered to get vaccinated? In light of topical debate concerning mandatory COVID-19 vaccines, the Full Court of the Family Court of Australia made an important decision concerning the Court’s authority to make an order that a child be vaccinated, in cases where parents disagree. In Covington & Covington [2021] HCASL 179,
