Blog

How does family violence affect children?

Often family violence and the breakdown of a relationship go hand in hand. This connection manifests in one of two ways; either the violence was the reason for the relationship...
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What if we reach an agreement?

The court imposes mandatory dispute resolution prior to applying to the court for child related matters in hopes that couples are able to resolve their issues and reach an agreement...
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Could family counseling work for me?

If you think there is a chance of reconciliation, you may be eager to attempt family counselling to work out your problems with your former spouse. But what if the...
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Child Support – The Basics

Child Support can be sought via the Child Support Agency or a Child Support Agreement. Legal and adoptive parents will be recognised as having parental responsibilities towards the child. Parenting...
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Do I Need an Independent Children’s Lawyer?

 When there is a dispute over custody sometimes it is appropriate to have an independent children’s lawyer appointed. An independent child’s lawyer takes a proactive role and acts as an...
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Child Support – The Details

 As you and your spouse separate and divorce, child support will be a one of the issues you will need to address. The primary purpose of child support is to...
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I tried dispute resolution, and it didn’t work.

There are advantages to going through dispute resolution. Even though it is mandatory you should approach your session with an open mind and a positive attitude. While the goal is...
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What if you feel that attending dispute resolution might be unsafe?

Unfortunately, domestic disputes can lead to feelings of anger and resentment, which can manifest itself through violence. Sometimes violence is even the reason couples are seeking a divorce. If you...
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Can I seek custody of my grandchild?

While there is no inherent right for grandparents to spend time with or care for their grandchildren, the Family Law Act does provide some protection for grandparents. When it comes...
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Custody: Does my child get to decide?

There is a strong preference in Australia for parents to reach an agreement regarding custody without resorting to litigation. In the hope of achieving this goal, parents are required to...
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Grounds For Not Returning Child to Home Country

Grounds For Not Returning Children to Home Country State Central Authority & Papastavrou [2008] FamCA 1120 If there exists clear evidence of grave risk of harm to the child should...
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Evidence Required

Evidence Required  Goode & Goode [2006] FLC ¶93-286 This is a case illustrating the importance of having evidence if alleging that acts of family violence have occurred. A husband and...
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Property Division – The Basics

Whether you were party to a valid marriage or a de facto relationship, you are entitled to property division. While the courts maintain broad discretion with regard to property division,...
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Property Division – The Details

Property Division – The Details The Family Law Act provides for property division for both formerly married couples, as well as de facto couples. There are two main goals when...
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Maintenance – The Basics

Maintenance – The Basics Maintenance is available to those who were married, and also those who were part of a de facto couple. While there is no automatic right to...
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Maintenance – The Details

Maintenance – The Details When there is a disparity between parties’ income and earning capacity, the Family Law Act allows this disparity to be remedied through the something called “maintenance.”...
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Divorce – The Details

Divorce – The Details Australia does not recognize “fault” based divorces; rather one must show that the marriage has broken down irretrievably. One may only show such a break down...
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Divorce – The Basics

Divorce – The Basics Australia does not require a showing of fault in order to be granted a divorce. For instance, you do not have to show adultery, abandonment, abuse,...
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De Facto Relationships – The Details

De Facto Relationships – The Details In Australia, the law affords some protection to couples that have chosen not to get married, yet lead the life of a married couple,...
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De Facto Relationships – The Basics

De Facto Relationships – The Basics A de facto relationship exists where two people, who are neither married nor related to each other, live together on a genuine domestic basis...
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