What is the difference between separation and divorce for married couples?

Separation and divorce Separation and divorce, although interrelated, are different concepts in Australian law.  Separation occurs where one or both spouses form the intention to sever, or not to resume the marital relationship, and act on that intention.  Separation does not necessarily require physical separation; it is merely the result of breakdown of the matrimonial […]

Ben Riley Joins Doolan Callaghan Family Law Team

We are excited to welcome Family Lawyer Ben Riley to our Northern Beaches and North Shore family law team at Doolan Callaghan Family Lawyers. Ben has worked and practiced exclusively in the jurisdiction of Family Law both prior to and since admission. Before joining Doolan Callaghan Family Lawyers, Ben gained a wealth of relative knowledge […]

What if we Disagree on whether our Child Should be Vaccinated?

The issue of vaccination has become live again in the Family Courts in the context of children now being eligible to receive vaccination for COVID-19 and some parties having strong opposing positions on the same. The question of whether a child should be vaccinated is governed by the same principles and law that dictates most […]

Christmas 2021

Whilst Christmas time and the summer holidays is usually a time of celebration and time to spend with loved ones, unfortunately for some people it can be a time of sadness, reflection and dispute. For those people in an unhappy marriage or de facto relationship who are contemplating separation, or for those people who are […]

Relocation following divorce: Can I move away with my child?

The Family Law Act 1975 requires parents to attempt to reach agreement on all major issues affecting a child including changes to living arrangements such as moving with your child to another city, state or country. If your child primarily lives with you and you wish to relocate you may be able to reach agreement […]

Family Court Shake-Up – A New Court System

On 1 September 2021 the Federal Circuit and Family Court of Australia (“the new Court”) commenced, merging the Family Court of Australia and the Federal Circuit Court of Australia. The Commonwealth Government facilitated the introduction of the new Court with over $100 million in funding.   Why has the new Court been introduced? For many […]

Social Media and Family Law Proceedings

Most people and households today have access to the internet and many use Facebook, Twitter, You Tube, Instagram and other social media platforms. Individuals will often use social platforms to express their feelings and sometimes their dislike of others. These posts or comments are often available to friends, friends of friends, children of friends, work […]

Equal Shared Parental Responsibility

Both parents have parental responsibility for a child until that child turns 18. Parental responsibility is defined in the Family Law Act 1975 (“The Act”) to mean “all the duties, powers, responsibilities and authority that, by law, parents have in relation to children”. Under Section 61DA of The Act there is presumption that it is […]