Law Firm Northern Beaches: Family Law Act in Relation to Pets
For many families across Sydney’s Northern Beaches, pets are far more than possessions; they are valued companions who provide affection, comfort and a sense of stability. When a relationship ends, deciding who should care for a much-loved dog, cat, or other companion animal can therefore become an emotionally difficult part of separation. For people seeking […]
Wasting or Spending Money following Separation – Addbacks in Family Law
In family law property settlements, “addbacks” refer to amounts that one party asks the Court to notionally “addback” into the asset pool because money or property that previously existed has been spent or dissipated before the case is finalised. For example, this might occur where: Someone has unreasonably spent substantial amounts on lifestyle expenses (including […]
Post-Separation Debt in Family Law Matters
The treatment of post-separation debt in family law property settlements is nuanced and highly fact-dependent. The Family Law Act 1975 (Cth) and relevant case law provide the framework for how courts approach these liabilities. The general principles as to how the Federal Circuit and Family Court of Australia deals with post separation debt are as […]
Does my child have to be vaccinated (COVID-19)?
On 18 January 2022, we wrote an article (What if we disagree on whether our child should be vaccinated?). Since then, there have been several family law judgments dealing with issues in relation to COVID-19 vaccination for children. Pursuant to the Family Law Act 1975 (Cth), the Federal Circuit and Family Court of Australia has […]
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 […]
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 […]
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 […]
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 […]
What is an Independent Children’s Lawyer?
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 […]
What Does Equal Shared Parental Responsibility Mean?
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.
