The term ‘relocation’ in family law refers to one parent seeking to relocate their home, with the children, some distance away from the other parent. Relocation matters are difficult and often a decision is not made until final hearing. So, how far is too far? And what should the court do? Let’s consider (2) recent [...]
Beyond child support, the Family Law Act (FLA) provides for another financial support cost that a father may need to contribute to, it's "Child birth expenses". A recent case considered a mother's clam for "child birth expenses' from the father for a period of the pregnancy and a short period after the birth of the [...]
Working out a property settlement is unfortunately an inexact science, but it essentially involves 4 basic steps: Stage 1: Identify and Value Assets All the parties’ property is included in the property pool. A value must be given to all assets. The court does not automatically sell everything. Stage 2: Consideration of the contributions The [...]
In response to the Special DV Taskforce Report, “Not Now, Not Ever” delivered in February this year, the Queensland Government has accepted the recommendations and is progressively implementing them. One of the changes currently before Parliament relates to the use of body-worn cameras by Police Officers. The Taskforce recommendation was that the Queensland Police "develop [...]
In a recent court case, the wife and her 3 adult children made extensive allegations of family violence perpetrated by the father (applicant) during the course of the parties 30 year marriage. The wife alleged that this violent conduct by her husband made her "contributions" to the property settlement as 'homemaker and parent" significantly more [...]
The Federal Attorney-General has released the interim report of the Family Law Council on “Families with Complex Needs and the intersection of the Family Law and Child Protection Systems”. The report was commissioned a year ago to respond to concerns about the Federal Family Law systems interaction with State Child Protection and family violence [...]
A court order that prevents contact time between a child and a parent is rare and requires compelling circumstances. In a recent case the trial judge was satisfied that a father should have “no contact” to his 6 year old daughter, however on appeal, the Full Court disagreed. The father had not seen the [...]
Our Principal, Michael Lynch has recently been acknowledged by the Queensland Law Society for 25 years service as a Solicitor. In presenting the 25 Year Pin, the President of the Queensland Law Society stated "a quarter of a century in the legal profession is a considerable and notable achievement. This milestone is a great credit [...]
A recent court decision looked at how the parents should share time with their 7 year old daughter. The parents agreed on the amount of time the child should spend with each of them but asked the court to make a decision about whether the time would be in one block period or split over [...]
Under the Child Support laws, parents have a legal obligation to financially support their child/ren until the child’s 18th birthday. After a child turns 18 the Child Support laws don’t apply. The Family Law Act says a court can make a maintenance order, when it is necessary to allow the child to complete their education. [...]
