Times are uncertain. Active cases of Covid-19 in Australia are growing, and lockdowns are being extended. These extra pressures can make parenting harder than it usually is, particularly when you are co-parenting with an ex-partner. Below are some frequently asked … Read More
Divorce is one of the most stressful life events that any adult will experience. When children are involved the emotional responses of the adults will almost certainly impact on a couple’s ability to effectively co-parent the children. Where there is … Read More
This article is about grandparents and contact with their grandchildren, when the children’s parents separate. It does not relate to grandparents who have had grandchildren living with them and who have been the child’s primary caregiver in place of a … Read More
Parenting arrangements and relocation Parenting arrangements and relocation cases are some of the most complex and difficult cases Courts are faced with. These matters are already difficult when a parent relocates within Australia, let alone the issue of a country … Read More
If you are a separated parent and do not yet have a clear plan about who will have the children on particular days over the Christmas and school holiday period, this article has been written with you in mind. Navigating … Read More
One of the most important considerations for separating parents is ensuring that the care arrangements optimises the welfare and stability of their children and their relationship with both parents continues. For all of the family the separation is a stressful … Read More
The Family Court of Australia has experienced a 39% increase in urgent applications since COVID-19. It is well documented that the Court is already stretched in terms of its resources however yesterday the Chief Justice, in his new practice direction, … Read More
The global COVID-19 pandemic is creating significant stress for many families who are juggling new work from home arrangements, altered child care and schooling arrangements and uncertain financial times. Children are facing disruption in their daily lives as their parents … Read More
For most separating parents their primary concerns include their children’s wellbeing and fear about the legal process. Consequently, the first few questions I am usually asked are these: “How do I tell the kids we’re separating?” “I don’t want to … Read More
By Juliet Behrens A birth certificate is probably the most important identity document you have. It records who your parents are, their occupations, where you were born, and details of your siblings (if any). It is a document which you … Read More
Having to represent yourself in family law litigation is a very difficult thing to do. Many couples are simply not in a position to resolve their disputes via the mediation process or by agreement, and find themselves involved in litigation … Read More
By Jacquelyn Curtis International child abduction has once again been thrown into the media spotlight, with recent reports detailing the plight of a desperate mother who attempted to take custody of her children from their father in Lebanon. Media reports … Read More
By Chloe Curran When parents separate and move on with their new lives, situations can arise where living arrangements might need to change along with a parent’s new circumstances. The possibility of a parent ‘moving away’ can create much stress … Read More
There is no doubt that the role of grandparents in the lives of children is an important, special and unique one. How often do you see the words, “When the tough gets going the tough go to grandmas” emblazoned on … Read More
When does an obligation for child support arise? A legal obligation to pay child support arises when: 1. The Child Support Agency issues an administrative assessment for one parent (or party) to pay child support to the other. An administrative … Read More
The highlight of the year so far for me has been the Law Week Dinner on 13 May 2015 (which was completely booked out), and in particular Rosie Batty’s inspiring speech, and the audience’s reaction to it. Australian of the … Read More
The Federal Circuit Court of Australia has recently announced a number of changes to their Rules. Of particular interest to family lawyers are the following: 1. Amendment to the Rules to make it explicit that the Court can make Orders … Read More
I had the good fortune to attend the 16th National Family Law Conference in Sydney in early October. The Conference is held every two years and provides an opportunity for assessment of the challenges facing practitioners working in family law … Read More
Last month the Family Law section of the Law Council released its comprehensive report about a range of issues relating to parentage under the Family Law Act. The report of the Family Law Council was released on 14 August 2014 … Read More
In parenting cases where Orders have been made about the time children spend with a parent (or other person), great care needs to be taken in drafting the Orders to ensure that each party understands what they are agreeing to. … Read More
Binding Financial Agreements (BFAs – sometimes colloquially known as “pre-nups”), are usually designed to protect assets owned by one member of a couple from a claim by the other member of the couple in the event of separation. Typically, BFAs … Read More
Balancing the demands of working life and raising a family is one of the constant challenges for those trying to do both. New Canadian research published in the Journal of Experimental Social Psychology and reported in The Telegraph on Sunday, … Read More
I am currently at the stage of life where I seem to spend every second weekend attending a baby shower. Planning for the arrival of a baby is a busy time and most first time mothers have long lists of … Read More
It is notable that the Family Law Act makes no reference at all to “young people” (as is customary in legislation dealing with those who are between the ages of 12 and 18 years). It refers only to “children.” In … Read More
It is becoming increasingly common for single women to turn to IVF to achieve their desire to have a child of their own now assisted reproduction is readily available. Some of these women wish to be able to raise their … Read More
Since 2009, the Family Law Act has applied to property disputes between de facto couples including same-sex de facto couples. This has led to a raft of enquiries to family lawyers from clients who are in, or contemplating entering into, … Read More
With confronting photographs splashed across the media, continuing news headlines and persistent tabloid covers, celebrity chef Nigella Lawson has unwittingly become the public face of domestic violence. Images depicting Lawson’s husband, advertising bigwig Charles Saatchi, with his hands around Lawson’s … Read More
Interviews by Family Court Judges are not common and understandably, due to the nature of the job and in no small part. They work in a field where public policy and legislation exist specifically to protect the identification of those … Read More
Chair of the Family Law Council of Australia, Mr Rick O’Brien recently announced a national audit of family violence training to identify best practice. The Law Council’s Family Law Section has undertaken a range of training and practice development initiatives over … Read More
Rupert Murdoch’s power and influence will forever mean that his life and the happenings within his family are always in the media spotlight. Unfortunately for Murdoch, the last several weeks has seen both newspapers and blogs run with the story … Read More
Over the last several weeks, a New South Wales’ daily newspaper has pursued a campaign to influence policy change relating to the compulsory immunisation of children attending day care and school facilities. It is known as the No Jab. No … Read More