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When will the Court appoint a lawyer (an ICL) to represent the interests of your children?

In complex parenting matters the before the Court the divorce lawyer may ask the Court to appoint an ICL. The Court itself may decide to appoint an ICL- that is a lawyer for your child or children.

A family Law case decided by the Court in 1994 is often relied upon by both the Court and the divorce lawyer to assist in determining when an ICL should be appointed.

This 1994 case known as Re K was a decision of the Full Court of the Family Court.

Re K suggested that where one or more of the following factors apply to the case, the Court should consider the appointment of an ICL: [...]  READ MORE →

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What are the other options to address delays in the Family and Federal Circuit Court?

The Family Law Act provides that a property dispute of the parties can be referred to Arbitration for determination on a final basis.

A divorce lawyer will advise that arbitration is the process whereby the parties agree that a Family Court or Federal Circuit Judge will not hear the financial dispute but that it will be determined by an appointed and qualified Arbitrator.

A divorce lawyer can give suggestions as to an arbitrator who would be specially qualified and accredited. Arbitrators are usually lawyers or Barristers who have had significant experience in the Family Law field. [...]  READ MORE →

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Introduction by the Court of the Discrete Property List

A further option introduced by the Federal Circuit Court to alleviate Court delays is the discrete property list.  A divorce lawyer can advise you about this option.

Cases in the discrete property list are managed by a Registrar rather than the case having multiple preliminary listings before the Judge. A divorce lawyer appears before the Registrar to seek Orders to ensure that the issues in dispute can be quickly defined and disputes about the provision of disclosure documents and valuations can be quickly solved. [...]  READ MORE →

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Court introduces new initiatives to help alleviate the significant delays in the Court

A divorce lawyer will advise you that the Court delays in hearing and finalising your property application under the Family Law Act have in some registries became even longer. It is for this reason that the divorce lawyer tries to encourage their client to consider mediation either privately or through the Court.

The Court itself is also considering options to help reduce the back log of cases.  A divorce lawyer will provide information about the PPP Program currently being tried out in some registries including at the Parramatta Federal Circuit Court. [...]  READ MORE →

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Question of Paternity – How Child Support Lawyers Can Help

When making an application for child support with the Department of Human Services (DHS), your Child Support Lawyers need to satisfy the Registrar that the person being assessed to pay the costs of the child is a parent of the child. This is often called “proof of parentage”. While parents may be biological parents, the term parent also includes adoptive parents, where the child has been born as a result of artificial conception procedures, or if the child was born as a result of a surrogacy. [...]  READ MORE →

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DISPUTE RESOLUTION – Our Family Law Lawyer looks at the new digital service “amica”

Dispute resolution is often used by couples who are separating or divorcing.  A benefit of dispute resolution is that an agreement can be reached, without the added cost and complexity of litigation or other formal legal processes.  Dispute resolution processes also allow the parties to have greater control and management of the process and outcome.

A family law lawyer can provide advice in relation to the best resolution option for a dispute.  A family law lawyer can help to understand a person’s rights and responsibilities and the law that may apply to that case.  This includes helping a couple going through separation to reach an agreement without the need to go to Court. [...]  READ MORE →

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What Does the Closing of the NSW-Victoria Border mean for my Family Law Matter?

The NSW Law Society published a COVID-19 update on 9 July 2020 providing some guidance to families and family law lawyers about the re-closing of the border between NSW and Victoria. The update is as follows:
With NSW-Victoria border closures in place, it’s expected that parties should cooperate and ensure the best interests of the child are addressed by complying with court orders. If strict adherence to parenting orders is not possible, it is imperative that any revised arrangements reflect the spirit of the orders. The Courts have previously issued information in relation to parenting issues that may be of assistance including: [...]  READ MORE →

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Family Law Lawyers Discuss Your Options to Stop Your Former Partner From Taking Your Child Overseas

Are you concerned that your former partner is going to take your child overseas without your permission? Speak to one of our family law lawyers today about your options.

Australian Federal Police Watch List

If you do not want your child travelling overseas without your permission, you may consider placing the child on the Australian Federal Police Watch List. The system is designed to alert the police whenever your child is exiting Australia through an international airport or seaport. To place a child on the watch list, you will need to do the following: [...]  READ MORE →

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Family Law Lawyers Explain Equal Shared Parental Responsibility

If either you or your partner’s family law lawyers have made a parenting application to the Family Court, there is a presumption that it is in the best interests of the child for the parents to have equal shared parental responsibility. That is, both parents should have a role in making long-term decisions about a child such as where they go to school, decisions about the child’s health, the child’s religious and cultural upbringing or changing the child’s name.

If you believe that equal shared parental responsibility is not in the best interests of your child, your family law lawyers may be able to challenge the presumption. Depending on your individual circumstances, the Court may consider whether sole parental responsibility should be granted. This would result in one parent alone having the authority to make long-term decisions about the child. Below are some of the factors that the Court may consider when determining parental responsibility. [...]  READ MORE →

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Family Law Lawyers in Focus: Cassandra Bayliss

Cassandra BaylissCassandra is a solicitor in the Family Law area of Matthews Folbigg.

Cassandra joined the Matthews Folbigg Family Law practice group as a law clerk in early 2015 and was admitted to the Supreme Court of NSW in 2018, after graduating with a Bachelor of Laws and a Bachelor of Business and Commerce majoring in Human Resource Management and Industrial Relations. During her university studies, Cassandra was invited to join the Golden Key International Honour Society which recognises the top 15% of university students based on their academic achievements. [...]  READ MORE →

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Family Lawyer in Focus: Kieran Ridley

Kieran RidleyKieran Ridley was admitted as a Solicitor of the Supreme Court of New South Wales in 2013 and as a Solicitor of the High Court of Australia in the same year.  Kieran is a graduate of Western Sydney University with degrees in Law (Dean’s Merit List 2012) and Business (Management).  Kieran also holds a Graduate Diploma in Teaching from Excelsia College and a  Graduate Diploma in Legal Practice from the Australian National University. Kieran is on the Family Law and Criminal Law Panels with the Legal Aid Commission of New South Wales, providing private legal representation. [...]  READ MORE →

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What are Consent Orders and How Can They Help My Family?

If you and your former partner have agreed on an approach to parenting and/or financial and property arrangements, you can formalise your agreement by entering into Consent Orders. Consent Orders can only be entered into when you and your former partner have reached an agreement, whether between yourselves, or with the assistance of your family law lawyers. Consent Orders are legally binding and enforceable by the Family Court. They can be used to vary or discharge existing family law Orders that may be outdated or impractical. Consent Orders are final and can be difficult to change without agreement. It is therefore imperative to seek legal advice from family law lawyers about your family law rights and entitlements. [...]  READ MORE →