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 […]
But He’s Going to Inherit Millions from his Mum’s Estate! – Inheritances Received Post Separation. Are they in or out?
A question that often arises in the context of a Family Law property settlement is “My ex is going to inherit thousands from X, will that be considered?”, and in a similar vein “Will my ex be able to make a claim on any inheritance I receive from X in the future?” The short answer […]
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 […]
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 […]
Independent Children’s Lawyers (ICLs) are specialised legal practitioners who are appointed in some family law matters to represent children’s interests. This means that they look at all the evidence in the case and tell the court what they think is in the best interests of children. The ICL is not your child’s lawyer and whilst […]
Equal shared parental responsibility does not equate to, or does not have the same meaning as, an equal shared care arrangement. Clients sometimes confuse the two.
IDENTIFYING THE ASSETS AND LIABILITIES IN A PROPERTY SETTLEMENT AND THE WAY IN WHICH LOANS FROM PARENTS MAY BE TREATED BY THE COURT
In a property settlement, the Court will adopt a four-step approach to determine what adjustment of property is appropriate in a particular matter. In the first step, the Court must identify and value the property, assets, financial resources and liabilities. That is, the Court identifies and values all the property of the marriage, less the […]
When looking at future parenting arrangements following the separation of parents, it is the best interests of the child or children that is the paramount consideration. Whether parenting arrangements are being discussed or determined through mediation, negotiation, collaborative law or court proceedings, the best interests of the child or children is always the primary focus.