Exposing a child to a parent (or third party) who is under the influence of drugs or alcohol, in possession of drugs, or engaging in family violence is unthinkable to most parents. A common conundrum that separated parents face is how to protect their child from harm whilst also supporting the child’s relationship with the other parent.
Several tax considerations often arise during family law property settlements, whether it is settlement by consent or the matter goes to trial in the Family Courts.
With Australia’s international borders now open and fewer restrictions on international travel following the pandemic lockdowns, we are seeing the return of more clients seeking urgent applications for their children to be added to the Family Law Watchlist (“Watchlist”).
Child handover for parents and children can be complicated, difficult and a source of anxiety for all involved. When parents are co-parenting after separation, it is important for children, that handover is simple and cordial, and provides children with the least likely feeling of being tugged between parents.
Grants, including the first home owner’s grant, are most relevant in family law property settlement negotiations when real property is owned in joint names, and grants are received in joint names tied to that real property.
Following separation, one of the first issues people turn their minds to is what if any, financial support they may be entitled to from their former partner. Child support and spousal maintenance can provide financial support to a spouse who may not have sufficient income to support themselves and their children after separation.
Throughout the pandemic, the Court has continuously adjusted, and now, more and more Court hearings are being heard via video (including the use of Microsoft Teams) or by telephone.
In parenting matters before the Family Court system, there are often allegations of risk, including drug use by a parent or carer of a child. Drug use, including illicit substance abuse, can indicate a lack of parental capacity and risk of harm or actual harm to others, including children.
Unfortunately, this is a question we commonly get asked during the holiday period, when one parent, after spending time with the children, unilaterally fails to return the children to the other parent. In this article, we explore options to apply for a recovery order.
A Child Impact Report is a report prepared by a Court Child Expert to provide information to the Court about the experiences and needs of the child in the context of a family law dispute before the Court.
The Family Court has been called in to make decisions regarding vaccinating children in the past – for vaccinations other than COVID. No doubt, the Court will also need to decide when parents are in dispute about whether to vaccinate their child (or not) for COVID.