Blog

Coercive control in family law matters

12 June 2023

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.

Single Expert Witnesses in parenting matters

27 May 2023

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.

Interim hearings and interim orders in family law matters

30 April 2023

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.

Are verbal agreements binding in family law matters?

17 April 2023

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?

What is considered “property” in Australian family law proceedings

27 March 2023

In order to identify and value the parties’ property, it is imperative to understand what is “property” in Australian family law proceedings.

International travel with children from separated families

13 March 2023

Many families look to explore international travel to allow their children to soak up the various cultures, experiences and opportunities that come with purchasing a plane ticket. While travel comes with many benefits, the travelling experience may pose difficulty for some separated parents, most importantly obtaining consent from the non-travelling parent.

Dealing with property and assets after a de facto relationship breakdown

27 February 2023

Casual and recent commentary from our High Court has created confusion and uncertainty around de facto relationships. Just because you are not living under the same roof or bound by a certificate of marriage does not necessarily mean you are not in a de facto relationship.

School arrangements for children of separated and divorced parents

13 February 2023

This blog looks at some critical areas of family law that may assist separated families to manage the emotions of children starting school or going back to school after the holidays.

What does best interests of the child mean in family law?

30 January 2023

The phrase “best interests of the child” is commonly used in family law proceedings involving children. It conveys a level of ambiguity, and where families are on a path of litigation and asking the Court to decide, the Court then has judicial discretion to determine what is in the best interests for each child.

The rights of non-biological parents after separation

16 January 2023

Dynamic family situations are difficult, highly emotive and can be stressful. Many children are now part of blended families and cared for by non-biological parents. This changing state of the family unit reinforces the importance of understanding the rights of non-biological parents in family law proceedings.

Global vs asset-by-asset approaches to family law property settlement

30 December 2022

Following separation, parties to a relationship are entitled to divide the assets of a relationship by way of family law property settlement. Most commonly, parties will pool all the assets and liabilities before commencing negotiations for the property settlement. Another less common approach is the asset-by-asset approach.

Visibility of superannuation assets in family law property settlement

12 December 2022

It is not uncommon for parties to family law proceedings to hide or under-disclose their superannuation assets. Laws introduced in April 2022 have significantly improved the requirement for visibility of superannuation assets in family law matters.