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A child custody lawyer outlines the presumption and evidence of parentage

In uncommon and unfortunate circumstances a child custody lawyer may be called to advise a client who doubts the identity of the biological parent of their child. When this scenario arises, the law applies a presumption in respect of parentage and the evidence that may be obtained to decide the identity of the biological parent by law.

How does the law determine a presumption?

A child custody lawyer can recognise how the Court is able to make presumptions. More precisely, how the Court will readily make a presumption for the following: [...]  READ MORE →

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A family law lawyer explains de facto relationships before the Court

Parties to a relationship may have differing views as to what stage their relationship is at and the level of commitment each party has towards their relationship. One party may be content to be involved in the relationship, but not wish to commit to the extent that the relationship is granted marital status.

Under the law a declaration of whether parties are in a de facto relationship is not dependent upon the intention of the parties, but rather the circumstances of, and surrounding, the relationship. [...]  READ MORE →

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Sole use and exclusive occupation from the perspective of a separation lawyer

A separation lawyer is often faced with the dilemma of who is able to remain in the matrimonial home following their client’s separation. How and where a client can secure suitable accommodation in circumstances where the other party refuses to leave the former matrimonial home is an issue not uncommon to a separation lawyer.

The situation is made even more challenging when finances are not available to a party to obtain alternative accommodation for himself or herself and/or the children. Obtaining exclusive occupation of the former matrimonial home and effectively evicting your former spouse is a difficult task to achieve. [...]  READ MORE →

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Till Debt Do Us Part: Family Law and Corporate Insolvency

By Jacob Reardon a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.

Under section 1337H of the Corporations Act 2001 (Cth) (“the Act”), a Court exercising Federal or State Jurisdiction can transfer a civil proceeding arising under the Act to another Court with appropriate jurisdiction where it considers that it is in the interests of justice to do so. What about where the defendant directors to an insolvent trading claim have commenced family law proceedings between themselves? [...]  READ MORE →

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A Marriage Lawyer outlines spousal maintenance

The dynamic of family relationships is unique in every scenario. Yet you can almost guarantee that a marriage lawyer has been informed of many if not all types of household arrangements. Commonly, in relationships one party will inherit the role of being the ‘breadwinner’. In other words, one party is responsible for providing financial support to the other party and/or to their children.

A confronting reality will then be that despite the breakdown of a relationship, a financially dependent party may remain reluctant to leave. Financial dependency can be a compelling force convincing one party to remain in a relationship although it may not foster a safe environment. [...]  READ MORE →

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FAMILY LAW LAWYER REVIEWS OVERSEAS TRAVEL ISSUES

How to stop your ex taking the children overseas

In the “post COVID-19 world”, international borders have opened back up and people are enjoying the ability to travel internationally again. For separated parents, this could cause concern. What if you do not want your ex partner to take your children overseas? What if they try to go without your permission? Our Family Law Lawyers are here to assist you if this is a concern to you.

Australian Federal Police Watch List

If you do not want your children to travel overseas without your permission, you could consider placing them on the Australian Federal Police Watch List. This is a system which has been designed to notify the police immediately when a child who’s name is on the list is attempting to exit Australia through an international airport or seaport. To place a child on the Watch List, you or your Family Law Lawyer need to do the following:- [...]  READ MORE →

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A DIVORCE LAWYER EXPLAINS SHUTTLE FAMILY LAW MEDIATION

Mediation is often an essential part of resolving a Family Law conflict. However, mediations can appear to be overwhelming, especially in the context of a relationship characterised by family or domestic violence or in high conflict relationships. Is there a way to go to mediation without having to come into contact with the other party? Depending on the individual situation, shuttle mediation may be a suitable option.

Shuttle Family Law Mediation

In shuttle family law mediations, each party is separated into different rooms or locations (this includes in online mediations where separate breakout rooms are offered). The mediator moves between the rooms and conveys the other party’s statement as to the issues, ideas for progressing the case and any offers to settle the case. This type of mediation is aimed at maximising both parties’ safety whilst providing a means to discuss, and hopefully resolve, the case in a confidential setting. [...]  READ MORE →

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THE HYBRID COURT: SEPARATION LAWYER REVIEWS HOW FAMILY LAW CASES ARE MANAGED IN A POST-LOCKDOWN WORLD

In 2020, the Family Law Courts and Separation Lawyers were forced to completely shift their mode of operation from face-to-face hearings and paper files, to online hearings and electronic court files, all thanks to the COVID-19 pandemic.

2 years later, in 2022, the Court’s methods have begun to shift into a more hybrid approach to the management of Family Law cases. Many court listings are still being conducted by way of Microsoft Teams, particularly when dealing with more administrative issues. Other court listings are now in-person before the court. The court file remains electronic, requiring parties to upload their court documents by way of the Court’s electronic file management system. [...]  READ MORE →

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FAMILY LAW LAWYER EXPLORES NEW FAMILY LAW HIGH COURT DECISION – BREAK UP OF DE FACTO COUPLE

In May 2022, the High Court of Australia made a decision in the case of Fairbairn v Radecki [2022] HCA 18. This case gives very important commentary on de facto relationships, in particular on the issue of whether a de facto relationship has broken down.

THE FACTS

The parties were in a de facto relationship from around 2005. They lived together, in a property owned by the de facto Wife, but kept their finances “separate”. The couple had even entered into some (non-binding or enforceable) “financial agreements” as to how they would maintain their separate property. They structured their financial affairs around the agreements and acted separately. [...]  READ MORE →

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Can a separation lawyer consider my contributions to stepchildren during a property settlement?

A separation lawyer has the expertise to assist you in property proceedings. In a property proceeding, the Court will concern itself with the task of determining the parties’ contributions to the relationship. Whilst each matter is assessed on a case by case basis, the Court will consider both financial and non-financial contributions.

In determining contributions, your separation lawyer may consider your role as a ‘step parent’. The prevalence of blended families in today’s society is not uncommon. So the question then arises as to how the division of assets is affected when one spouse makes contributions to non-biological children. The case of Robb v Robb affords the Court guidance in these cases (i.e., if contributions made by one party to a non-biological child can be considered). [...]  READ MORE →

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The role of a divorce lawyer in raising a Kennon argument for contributions in property proceedings

Consulting a divorce lawyer after a high conflict relationship can be daunting. There is a great amount of legal factors to consider when separating from your partner. When the relationship has broken down, engaging in negotiations can be both tiresome and overwhelming.

Family violence is unacceptable in all contexts, so it is important to understand how the Court will deal with the occurrence of such acts when determining property settlement. The landmark decision in Kennon & Kennon is not unfamiliar to a divorce lawyer. It establishes a foundation for appropriate adjustments to contributions in a relationship when acts of violence are occurring. The Court will only consider adjustments if the party seeking it can demonstrate: [...]  READ MORE →

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Asking a marriage lawyer if I can change my child’s surname

Moving forward from a separation can be arduous and filled with unexpected change. Not only do you have to re-evaluate your living circumstances but also your child’s. A marriage lawyer will be able to navigate you through a claim proposing a change to your child’s surname. A marriage lawyer will advise you of this unique area of family law and in this article we will consider if the court has allowed for this to occur in the past. If this is a claim you wish to pursue it is just as important that a marriage lawyer is able to provide you with some key points. [...]  READ MORE →