It is often the case that separated parents are able to reach an agreement about the parenting arrangements for their child or children. Parenting arrangements
“It’s terrible that you’re experiencing domestic violence but what’s it got to do with me? I’m just your employer.” Well, actually, quite a bit, in
If you have recently separated from your partner or are experiencing difficulties in your relationship and need someone to provide you with advice regarding property settlements and/or parenting issues, it
In March 2019, the Australian Law Reform Commission (ALRC) released its final report of the Inquiry into the Family Law system, which was tabled at Parliament on 10
There are many ways to have a baby: traditional conception, IVF, surrogacy, adoption, sperm or egg donation in the clinical sense and sperm donation in the
Imagine finally summoning the strength to leave a relationship marred with violence and abuse, only to find that the perpetrator will have the opportunity to
In Australia, spouses can file for a divorce once the pair has been separated for a period of no less than 12 months. Once the decision
In September 2017, Malcolm Gittoes-Caesar published a blog entitled: ‘When do children have a choice in family law matters?’, which made reference to the case of Bondelmonte v
It is often the case that separated parties avoid engaging lawyers from the get go, as they feel that it is an unnecessary step in deciding who
In a world seemingly ruled by technology and supported by social media, it comes as no surprise that digital and, specifically, social media-focused evidence can
On 1 July 2018, amendments to the Child Support (Assessment) Act 1989 were made which have the potential to affect you if you have a current Binding
Whilst Coleman Greig has no doubt that our readers will have heard this sentiment time and time again (and not just from us), it remains our duty
When it comes to handing down Parenting Orders, the Family Court’s first and foremost concern is to ensure that the best interests of the child are
Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice. To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.
If you are a divorcee and your children don’t have a current passport, you may need to negotiate with the non-travelling parent in order to have them sign the relevant passport application. If the non-travelling parent refuses to sign the application, either due to them having genuine concerns for the child’s safety, or (as is sometimes the case) for no good reason at all, then you are likely to require advice surrounding how to make an application to the Family Court.
Unfortunately, sometimes matters ending up in the Family Court is inevitable. Parties can become so entrenched in their positions, or their views of what has occurred throughout the relationship may be so diametrically opposed, that it is impossible for them to meet in the middle. However, in most matters that Coleman Greig deals with, there are ways in which compromises can be reached.
With end of year holidays almost with us, many families have started to make plans for international travel. For parties to a divorce who share custody of their children, it is crucial to take into consideration whether or not there are court orders in place that might stand in the way of international travel plans, if these plans are set to include the children.
Given the delays that are often experienced in the Family Court of Australia, parties will often receive an inheritance after they separate, but prior to entering into a property settlement with their ex-partner. There is a misconception that an inheritance received post-separation won’t be taken into account in relation to the family law matter, although this is false.
When two parties decide to separate, it is important to keep in mind that time is of the essence. Both the Family Law Act and the associated court rules require strict adherence to certain time limitations, all of which are important for parties to a relationship breakdown to be aware of.
If you are married, but have been separated for at least 12 months and one day, it may be time to consider applying for divorce. If you do decide to apply for a divorce, there are a number of factors that Coleman Greig suggests you take into account before doing so.
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