Articles

Overseas travel with children after a family law separation

Overseas travel with children after a family law separation

There may be various reasons why a parent is worried about allowing their former partner to travel overseas with their child, ranging from the child having never spent significant time away from the non-travelling parent to a genuine fear that the travelling parent will not return the child to Australia.
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Understanding the best interests of the children in family law matters

Understanding the best interests of the children in family law matters

When a Court order is made in relation to children, the most important consideration is the best interests of those children. This is known as the paramount consideration and is enshrined in Section 60CA of the Family Law Act.
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How to apply for a divorce when your former partner is overseas

How to apply for a divorce when your former partner is overseas

In Australia, the process of getting a divorce is often quite simple and straightforward. However, complications can arise. For example, what happens when your former partner is overseas?
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Resources and support services after separation

Resources and support services after separation

We know firsthand the toll that separation and the family law process can take on your mental, physical, and financial health. This article provides an overview of some resources and services that you may wish to engage with following separation.
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Family Court hearings – the First Return Hearing

Family Court hearings – the First Return Hearing

After filing your initiating court documents, your matter will be listed for a First Return Hearing in the Federal Circuit and Family Court of Australia. A First Return Hearing is a procedural hearing and, as the name suggests, is the first Court event after you have filed an application to have a matter dealt with by the Court.
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Drugs and alcohol in family law

Drugs and alcohol in family law

Following separation, if either parent has any concerns in relation to the physical or psychological welfare of a child, including drug and/or alcohol misuse by a parent or where there is a history of family violence, it is important to seek legal advice early.
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Are Donor Agreements legally binding?

Are Donor Agreements legally binding?

A Donor Agreement is a written agreement between a sperm donor and the recipient parent(s). In this article, we explore Donor Agreements in detail, specifically dealing with the issue of enforceability and purpose.
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4 tips for separated parents to navigate custody battles in family law

4 tips for separated parents to navigate custody battles in family law

In this article, rather than examining the legal considerations of parenting arrangements, we set out some practical measures separated parents can take, and things they can consider, in order to put their children first when negotiating co-parenting arrangements.
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The difference between a loan and a gift in family law

The difference between a loan and a gift in family law

When the financial climate is strained, it is common for parents to financially assist their children. How this financial support is given is important; was it a gift or a loan? This has a different effect on property settlement should the couple separate.
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De facto property settlement in family law

De facto property settlement in family law

In Australia, if you’re separating from your partner and working through property settlement, the law treats those in a de facto relationship the same as those who are married. But there is a common question that arises quite frequently: How do I know if I’m in a de facto relationship and how do I prove it?
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A guide to Child Impact Reports and Family Reports

A guide to Child Impact Reports and Family Reports

If you’re in the middle of, or about to enter into parenting proceedings in the Family Court, you’ve likely come across the terms “Child Impact Report” and “Family Report”. We break down precisely what each of these reports are, when/why you might use them and also a few quick tips on preparing for an assessment with a report writer.
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A comprehensive guide to applying for Family Violence Intervention Orders

Applying for Family Violence Intervention Orders

Family violence in our communities is, sadly, all too abundant. It is insidious and leaves life-lasting scars for the victims; both physically and psychologically. Although not a silver bullet, Intervention Orders due to family violence can go some way to providing protection for those exposed to the violence.
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