After separation, there may be a point in time when a parent would like to relocate with a child to another town, state or country. In this article, we will look at when and how child relocation can occur, together with what the courts consider when determining relocation matters.
The “Parenting After Separation” program developed by Relationships Australia (also known as Supporting Children after Separation) is a course designed for separated parents and carers who want to find ways to support children through the process of separation.
When it comes to divorce, Australia is now, since the implementation of the Family Law Act 1975 (Cth), a “no-fault” jurisdiction. This means that there is no requirement for one party to be “at fault” for the breakdown of the marriage, for a Divorce Order to be made by the Court.
Financial Agreements signed on the “way to the church” run the risk of the financially weaker spouse arguing at a later date they were pressured into signing the financial agreement, or else the wedding would not proceed. The agreement would then be subsequently declared invalid.
Proceedings in the Family Court for children and parenting matters end when Final Orders are made (save for when proceedings are discontinued or dismissed). But are Final Orders ever really “final”?
Under the Family Law Act, the Family Court of Australia and the Family Court of Western Australia can declare a marriage invalid. This is formally referred to as a decree of nullity. Commonly, people would refer to a marriage annulment.
In short, a child cannot decide where they wish to live. A child can influence a decision of a Court as to where they live however, but they cannot be the ultimate decision maker.
Where the parents have separated, one party may consider payment for child support to the other party. In this article, we will look at the differences between binding agreements and limited agreements.
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
It is becoming more commonplace for family members to provide financial assistance to other family members. How that arrangement is treated if you end up in family law proceedings can have a significant consequence on the outcome of a property settlement.
To get through the family law system, ensuring all your rights and entitlements are protected, you’re actually much better off taking advantage of the swathe of professionals that can assist you.