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ASKING A FAMILY LAW LAWYER IF YOU CAN BE JOINED TO PROCEEDINGS

It is not uncommon for family members to engage in business with one another. A family law lawyer is aware of the existence of a provision in the Family Law Act 1975 (Cth) which allows for ‘any other person whose interests would be affected by the making of the order’ to be joined to a proceeding.

It is not ideal to approach a family law lawyer with an intention to go to litigation. However, sometimes the complications that can arise from the breakdown of a relationship may indirectly affect your interests as an external party. [...]  READ MORE →

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A child custody Lawyer details interim parenting applications

A child custody lawyer understands the growing importance of interim parenting applications in the Federal Circuit and Family Court of Australia. This is due to the ever increasing delays in the Courts, processing and finalisation of matters.

What is the expected wait time?

Depending on which registry a matter is filed, some parenting matters before the FCFCOA may take up to 3 years before a matter reaches a final hearing. This means that interim parenting orders govern the parenting arrangements between the parents and the children until a judgment is delivered or an agreement is reached between the parties. [...]  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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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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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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Advice from a separation lawyer in a child custody dispute

Seeking advice from a separation lawyer during a divorce can be necessary especially if there are children from the marriage who are under 18 years old. Generally, a parenting order allows for a child’s parents to have equal shared parental responsibility. Once this order has been made (and the presumption not rebutted) then the court must consider if the child spending time (equal, substantial or significant) with each of the parents is reasonably practicable.

In the recent decision of Miley [2021] FedCFamC1A 62, the Court heard a mother’s appeal against a decision which ordered the return of a child from Victoria to Western Australia. With assistance from a separation lawyer, the parents of the child separated in 2017. Prior to then, the parents were all residing in Western Australia. [...]  READ MORE →