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FAMILY LAW LAWYER EXPLAINS THE PRESUMPTION OF EQUAL SHARED PARENTAL RESPONSIBILITY AND WHERE EXCEPTIONS OPERATE

A family law lawyer understands the dissolution of a relationship brings difficult and unforeseen changes to living arrangements. When there are children to a relationship this task is burdened by the extra question of whom and or where the children will live.

Understandably, it is within the court’s interest that children to a relationship are afforded the opportunity to spend equal and shared time with each parent. This is a presumption that is outlined in s 61DA(1) of the Family Law Act 1975 (Cth) which provides for the court to be conscious of this consideration when making a parenting order. [...]  READ MORE →

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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 DIVORCE LAWYER DISCUSSES THE IMPORTANCE OF INCLUDING AN APPROPRIATE PROVISION IN A FINANCIAL AGREEMENT

A divorce lawyer can advise you of the various provisions in the Family Law Act 1975 (Cth) that allow for the protection of financial resources and matters. Often, when parties enter a relationship there is a discussion about financial resources; how they are to be used in the relationship or how they will be used for the maintenance of children to come from the relationship.

To account for these considerations, a financial agreement can be drafted by a divorce lawyer and signed by the parties. This type of document is a legally enforceable tool that provides a set of conditions for the distribution and future use of monies. [...]  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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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 Violence and its impact upon Family Law Proceedings

Family violence and domestic violence are terms used interchangeably with the difference between the two being the nature of the relationship. However, what conduct constitutes family violence or domestic violence is predominantly the same.

In Australia, family violence is defined in section 4AB of the Family Law Act 1975 as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful. In light of this definition, family violence can be broadly categorised as including physical abuse, sexual abuse, verbal abuse, emotional abuse, psychological abuse or other behaviour which is coercive and controlling. [...]  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 →