Blog

Do children have to spend equal time with each parent?

If it would be in the interests of the child and reasonably practicable for the child to spend equal time with each parent then the Court may order equal shared...
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How does the Court know the children’s views?

The Court will read a report prepared by a family consultant or by making an order appointing an independent children’s lawyer.
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How does a court make a decision about children?

The Court considers a wide range of discretionary factors in making decisions about children. The priority of the Court is always to ensure that the best interests of the children...
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Are there any prerequisites before court proceedings can be commenced?

Parents are expected to have attempted family dispute resolution before applying for Court Orders. Family dispute resolution participation is not required if there has been abuse of a child by...
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Who may apply for a parenting order?

An application for a parenting order may be made by the child’s parents, the child, a grandparent or any other person concerned with the welfare and development of the child.
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What is a parenting order and what does the Court consider when it makes a parenting order?

The main consideration of the Court is whether the arrangements implemented by the parenting order are in the best interests of the child. The court presumes the best interests of...
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Can court orders help grandparents see their grandchildren?

Grandparents (or with an ongoing relationship with the children) can apply for an order to spend time with them. As long as it is in their best interest, children have...
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What sort of orders can a court make about children?

A court can make orders about: which parent a child lives with; how much time a child spends with the other parent; how a child communicates with a parent; and...
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What is the effect of the parenting plan?

A parenting plan made with the other parent is not enforceable, if you go on to court the court will have to consider the most recent Parenting Plan. The court...
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What are the objectives of the law relating to children?

The Family Law Act aims to ensure that the best interests of children are met by: ensuring children have the benefit of both their parents having meaningful involvement in their...
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What sort of agreements can we make about arrangements for the children?

Many separated parents have informal agreements in place about the parenting of their children. The parents reach agreement with or without the help of mediation or counselling services. Neither parent...
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What is parental responsibility?

Each of the parents of a child has parental responsibility for the child, however a court may make an Order to override this. For example, a court may give one...
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What is reasonably practicable in Mt Isa?

The mother of a four year old child had difficulties finding employment in Mt Isa and therefore wanted to return to live in Sydney. Despite the limited employment prospects for...
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My spouse has threatened to take my child overseas. Can he do that?

There may be circumstances where you may require an injunction or a restraining order. This is a court order to stop someone from doing something which may disadvantage you, such...
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Reconciliation and Resumption of Cohabitation

Reconciliation and resumption of cohabitation can have a monumental effect on your divorce proceedings. A reconciliation will affect your date of separation, which in turn can affect property division and...
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Tax Implications and Divorce

Tax Implications and Divorce

This article is designed to address the tax consequences of certain divorce related actions, such as spousal maintenance and property division. This area is very complex and nuanced, and while...
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When Does a De Facto Relationship Begin and End?

The law in Australia clearly outlines the criteria of a de factorelationship.   Section 4AA(1) of the Family Law Act, 1975 says that two people are in a de facto...
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How to choose a divorce lawyer

How to choose a divorce lawyer

Choosing a divorce lawyer should be like making any other big Should be a process like when you buy a house or choose a school for your children.  Educate yourself,...
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The other spouse has accumulated assets post separation. Can I claim any of it?

If an asset has been purchased post separation using assets of the marriage, then there is a strong basis for claiming that both parties have contributed to the asset. However,...
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I brought significant property into the relationship. Can my spouse claim any of it?

Property divisions are based on the contributions made by each party to the relationship. In a short relationship, each party will tend to leave the relationship with what they brought...
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