Blog
Major changes to the Family Law Act from October 2023
On 19 October 2023, amendments to the Family Law Act 1975 passed through the Federal Parliament with ease. The Federal Government believes that these changes will ensure that the family law system is “accessible, safer, simpler to use, and delivers justice and fairness”.
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Does my ex-partner automatically get half of everything in in property settlement?
Contrary to urban myth, often from the US movies, there is no automatic 50:50 split in property settlement in Australia. The standard to be met is a ‘just and equitable’ division of the property pool.
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Parental alienation and family law in Australia
Unfortunately, after parents separate, sometimes children are exposed to their parents’ conflict. Whilst most children will maintain good and positive relationships with both parents, a percentage may become estranged from one parent. In extreme cases, a parent might attempt to form a wedge in the relationship between their child and the other parent. This is known as ‘parental alienation’.
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What is child inclusive family dispute resolution?
Child-inclusive Family Dispute Resolution is a tailored form of mediation used in family law parenting disputes. Child-inclusive FDR aims to find the child’s voice through a process of developmental consultation and therapeutic conversation with a person called a “child consultant”.
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Family law disputes involving religion
It is unsurprising that some separating parents may have different approaches to their child’s religious upbringing. So, what happens if a dispute arises over what religion to raise your children in following separation?
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Top 6 co-parenting apps after separation or divorce
Co-parenting after separation is often laden with emotion because, after all, you are trying to figure out what’s best for your children. The good news is that there are lots of options out there to help relieve some of that co-parenting stress and conflict, including a number of apps.
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The Hague Convention and child abduction
The Hague Convention sets out the process for seeking the return of abducted children to their home country. It is an important consideration for parents who have separated or divorced and considering travelling overseas with their children.
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6 tips for successful co-parenting during school holidays
After separation or divorce, parents will often live in separate households. Separated parents don’t have to be friends, but they do have to make suitable arrangements for co-parenting any children of the relationship. This can often pose challenges around special occasions, like school holidays, festive holiday periods, Mother’s/Father’s Day and children’s birthdays.
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Coercive control in family law matters
In family law proceedings, coercive control is dealt with as a form of family violence. It can also be addressed in the criminal law system through family violence restraining orders and/or criminal charges.
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Single Expert Witnesses in parenting matters
In complex parenting cases, often where there are significant issues in dispute or risk factors which need to be addressed, the Family Court may require the professional opinion of an expert to give their evidence in the form of a report. That person is called a Single Expert Witness.
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Interim hearings and interim orders in family law matters
When families are involved in Court proceedings, the Court may make interim orders. Interim orders are usually made when there is an urgent issue to be dealt with or for temporary matters.
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Are verbal agreements binding in family law matters?
At the time of separation, parties can often “reach agreement” verbally on a number of family law issues. But what if one party changes their mind as time passes? Is that original verbal agreement binding or should it be formalised?
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