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How can a Marriage Lawyer Help?

When your marriage or relationship breaks down, there are many things that you need to consider. No doubt, going through this will bring upon change and while emotions may be high, it is very important that you speak to a Marriage Lawyer.

What can a Marriage Lawyer assist you in dealing with:
  • How to divide your finances
  • How the mortgage is to be paid
  • Who should pay the mortgage
  • Whether you should contact the bank for special consideration
  • Whether it would be ideal to sell the house
  • Where the children should live
  • How much time the children should spend with your partner
  • What should happen with the children on school holidays
  • Whether you should seek child support from your partner

At Matthews Folbigg Lawyers, a Marriage Lawyer will work closely with you to ensure you are well aware of your entitlements when being advised about family law issues. A Marriage Lawyer can help you understand the process involved with Divorce; Property settlement; Superannuation; Separation agreements; Parenting and custody disputes and Child support. [...]  READ MORE →

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Child Custody & Child Custody Laws

Child Custody Laws and Child Custody Rights are terms often used when parents seek advice in relation to parenting disputes. When parties make competing parenting applications, the Court is required to consider what is in the best interests of the child.

Children’s Rights

Child Custody Rights relate to the rights of the subject child, not the parents.

The rights of a child can be summarised into two primary considerations:

  1. The child’s right to have a meaningful relationship with both parents; and
  2. The child’s right to be protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

If the primary considerations conflict then the need to protect the child prevails. [...]  READ MORE →

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Why you should speak to family law lawyers about travelling overseas with children after separation

Before you put down the non-refundable deposit on your dream overseas holiday, it is best to check with family law lawyers whether you may need your former partner’s consent to take your children. While it is common for Orders to include mention about who holds the passports, how they are to be renewed and what is permissible overseas travels, they are not compulsory. This may mean you will need to seek the consent of your former partner to take your child overseas. You may also need to seek their consent in applying for or renewing your child’s passport. [...]  READ MORE →

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Child Custody Laws – How to place your child on the Family Law Watchlist

In attempting to place your child on the Family Law Watchlist it is strongly advised that you seek advice on child custody laws in order to understand your child custody rights and subsequently be able to complete the application form successfully.

Applications for the Family Law Watchlist must be specific and not implied indicating absolute or conditional prohibition on travel. This is a crucial aspect of the process and thus it is highly recommended that you obtain child custody laws advice prior to seeking court orders in order to enhance the successfulness and outcome of your case. [...]  READ MORE →

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Advice on child custody laws for situations of parental abduction

Megan Palin’s recent article highlighted the growing reality of parental abduction in Australia. Statistics show that we hold ‘the highest per capita rate of parental child abduction in the world with about 250-300 cases every year.’ Palin went on to state in accordance with the Attorney-General’s Department that when applying for recovery orders, ‘some applications are rejected on the basis that the child in question has spent 12 months or more in the country he or she was taken to and “settled”.’ This highlights the importance of gaining legal advice on child custody laws early on from a family law lawyer if you find yourself in such a situation. [...]  READ MORE →

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Child Custody Laws – Recovering your child from parental abduction

It is undeniable that every parent would go to the ends of the earth for their child; however some in desperate times take desperate measures which could potentially do more harm than good. Circumstances like this are apparent where parents are not properly advised as to child custody laws, as with the recent case in Lebanon involving Sally Faulkner and the 60 Minutes crew.

The story of Cameron the boy abducted by his mother linked below came frightfully close to being a child abduction case that took extreme measures, but for his father’s change of mind. Cameron’s father considered seeking assistance from a child retrieval agent to snatch his Cameron off the streets, however decided against it stating ‘the main reason [being] it might be dangerous for Cameron.’ [...]  READ MORE →

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Child custody laws and parental abduction

Following the latest reports about the child snatch with 60 Minutes and Sally Faulkner in Lebanon, the reality of parental abduction and child custody laws is being brought to the surface for some parents. As more cases of parental abduction come to light in Australia the importance of informing parents, particularly those facing a custody battle, of ways to avoid seeing themselves in the same position is growing.

A recent news report by The Australian (linked below) saw four year old Cameron abducted by his mother and taken to Zimbabwe following their separation. Finally returned home to his father at the age of nine, sadly it only occurred as a result of the death of Cameron’s mother. [...]  READ MORE →

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Child Custody Laws – Parental Abduction

The Australian Federal Police (AFP) report on this devastating and unfortunately familiar occurrence; noting that ‘two to three children a week [are] brought into Australia or taken out of the country by a parent.’ Moreover, the AFP highlight the disastrous misconception that society often holds that if “if the child is with someone they trust, they are not in danger and should not be considered as missing.” Child abduction by a parent presents many serious concerns, for the child in particular who is subject to emotional trauma, confusion and potential health risks with parents avoiding doctors to prevent being traced. [...]  READ MORE →

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The dangers of the self-litigant accused of domestic violence in custody law

This month, the Law Society of NSW Journal discussed a hot topic issue with the aid of the Women’s Legal Services Australia (WLSA): what happens when your abuser has the right to cross-examine you when seeking their child custody rights?

Unlike other jurisdictions, the Family Law Act 1975 that governs family law holds no provision to protect victims or vulnerable persons from direct cross-examination by a perpetrator. Direct cross-examination is having the person alleged to be an abuser of domestic or family violence communicate questions and demand answers directly from you in the witness box. [...]  READ MORE →

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Child Custody Laws – Recovery of Children

Under section 67Q of the Family Law Act 1975 the Court has the means to authorise the recovery of a child who is taken or retained overseas. There are various ways in which a recovery can be commenced. The child custody laws  method is determined by the particular individual circumstance.

Circumstances may include:
  • One parent through agreement with the other parent takes the children on holidays, but then continues to reside in the new location without returning the children, or
  • One parent through agreement with the other parents take the children on holidays but extends the period of leave beyond what was agreed upon, or
  • When a parent does not gain the consent or knowledge of the other parent and removes the children
  • The circumstances can also include a grandparent, step parent, relative or carer that takes the children with or without consent.
What is a Recovery Order?

The court gives regard to section 67V, where the paramount consideration of a Recovery Order is the best interests of the relevant child or children. As such, the court will make an order that it finds proper in the circumstances that go to the best interests of the children. This may mean that the Court authorises a relevant authority, such as the Australian Federal Police, to locate and return a child to their primary caregiver, or individual that is in the child’s best interest. [...]  READ MORE →

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Child Custody Laws – Parenting Arrangements

Following the breakup of a relationship where children are involved, the children’s short and long term arrangements need to be organised between the parties. This is often difficult given the high emotional nature of separation. If this does become complicated it is suggested that you seek legal advice on child custody laws and assistance to find a solution that caters to the whole family and most importantly the best interests of the child or children involved.

Parenting arrangements, traditionally referent to as ‘custody’ look at things such as: [...]  READ MORE →

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Child Custody Laws: Parenting Plans and Parenting Orders

When making parenting orders under the Family Law Act 1975, child custody laws stipulate that the court is required to maintain the best interests of the child/children involved as the paramount concern.  It is advised that when divorce or a de facto relationship breakup occurs, that parents follow specific principles when making parenting plans.

Under the Family Law Act 1975 child custody laws highlight that:

  • both parents are responsible for the care and welfare of their children until the children reach 18, and
  • there is a presumption that arrangements which involve shared responsibilities and cooperation between the parents are in the best interests of the child.

Child Custody Laws: How does the court determine the best interests of the child?

When deciding on the best interests of a child, the court examines two tiers of consideration – primary and additional. [...]  READ MORE →