Articles
Subpoenas in family law
A subpoena is a legal document that compels a person/entity (organisation or company) to produce certain documents or give evidence at a hearing. A subpoena is issued by the Court at the request of a party to a court proceeding.
Read more
What is supervised time with children in family law parenting disputes?
In family law parenting cases involving high conflict or allegations of risk, the Court may make orders (or parents may agree) for a parent to spend supervised time with a child. When determining whether an order for supervised time is appropriate, the Court will ultimately consider what is in the child’s best interests.
Read more
Pre-action procedures in family law - what do they mean for you?
Before taking a family law dispute to court, separated couples are required to make a genuine effort to resolve parenting and/or property disputes by following certain steps known as the pre-action procedures.
Read more
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.
Read more
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.
Read more
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?
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more
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.
Read more