A mother has successfully appealed against an interim parenting order which included that she be prevented from breastfeeding her 11 month old child. The mother had been primarily responsible for the care of the child during the couple’s relationship. Following separation it had been agreed by the parents that the father would spend 3 hours [...]
A husband and wife delayed their property settlement until six years after separation. The Judge hearing the matter was critical of both parties for the delay in finalising matters and noted that the lapse of time since separation had greatly increased the complexity of resolving an otherwise straight-forward matter. It was contended that whilst [...]
Can you change your mind about a property settlement deal later, if the property valuation turns out to be wrong? The short answer is ‘No’. Once you have signed off on a property settlement deal in the form of Consent Orders and those orders have been issued by the court, then they are final and [...]
Parents can agree to vary the terms of existing court orders which relate to children. If both parents have agreed to a variation, prior to the time of compliance, then a parent cannot be in breach of the original order. A recent case demonstrates the point. The father filed a Contravention Application alleging that the [...]
A parent wanting to move to be with a new partner, can pose real challenges. Here's a case that the court recently considered. Facts: The parties had 3 children, 5 year old twin girls and a 3 year old son. The parents lived in the Bendigo region where they had lived all their lives. [...]
All sorts of issues can arise when a couple separate, some are more urgent and serious than others. As the Family Law Act has no power outside of Australia, issues can become particularly challenging if they become international, eg a child is taken overseas, or money is taken overseas, etc. To stop a spouse leaving [...]
A couple were in financial difficulties and were likely to lose their family home. The mother of the husband agreed to help out the couple by selling her own home and providing them with the net proceeds of sale to prevent the family home from being sold. The mother agreed to provide the net proceeds [...]
Relocation cases are always difficult because there are often many legitimate competing interests that the court must consider, although the "best interest" of the child will always be paramount. Recently, a mother wanted to relocate to a new town with her 13 year old daughter. The mother had remarried and her husband had been working [...]
This is a common question. A divorce is an application to the court that dissolves the marriage. You have to have been separated for 12 months to apply for this. A divorce application does not address any other issues, e.g, property settlement or children's arrangements. You can commence property settlement negotiations or document an agreement [...]
It may sound strange but couples who separate do not have an automatic entitlement to a property settlement. Recent cases have emphasised that before the Court will consider making adjustments to a couples existing legal ownership of assets (by taking into account their respective contributions and future needs), the Court must separately decide that it [...]
