Blog
Supervised time with children after separation
For certain separated families, it is appropriate for the time one parent spends with the children to be supervised by a third party. There are many reasons why supervised time is either requested by one parent, offered by one parent or ordered by the Court.
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My ex-partner is delaying our property settlement
When separating from a former spouse or de-facto partner, it is common for parties to work together to reach a settlement on their financial relationship so both parties can move on to the next stage of their life. However, it is just as common for one party to delay finalising that property settlement.
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Ban on personal cross examination in family law court proceedings
Personal cross-examination of other parties is not permitted in certain circumstances in family law proceedings where allegations of family violence have been raised. Where the ban applies, any cross-examination must be undertaken by a lawyer.
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Family law matters involving drugs, alcohol or family violence
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.
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Taxation Implications in family law property settlement
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.
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Can I change my child's surname after separation/divorce?
Following separation or divorce, it is not uncommon for a parent to change the surname of a child to recognise their surname in the child’s name.
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How to put a child on the Family Law Watchlist (formerly the airport watch list)
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”).
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Child handover arrangements when co-parenting
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.
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How does the first home owner’s grant affect my property settlement?
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.
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Difference between child support and spousal maintenance
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.
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Preparing for your Family Court hearing by telephone or video-conference
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.
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Drug testing and parenting matters
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.
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