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Can you have sole and equal shared parental responsibility?

4 November 2014

What is "parental responsibility"? “Parental responsibility” means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children. It covers day-to-day decision making in relation to a child (such as bedtimes, meals, etc) and also “major long-term issues” such as education, religious and cultural upbringing, health, the child’s name and [...]

Beware what you declare is true

23 September 2014

In a recent court case for property settlement, the defacto wife (wife) alleged that there had been a de facto relationship of some 17 years. This was disputed by the defacto husband (husband) who said that there had never been a relationship that could be categorised as a de facto relationship under the Family Law [...]

Birthing Costs

20 May 2014

When it comes to the costs for children, it is worth noting that in addition to periodic child support payments, the court has the power to make orders requiring the father of a child to contribute towards the mother’s childbearing costs, but only when the parents of the child are not married.   The court may [...]

Proctor Article (February 2014): Four For The Family

21 February 2014

Four of Michael Lynch’s leading family law practitioners – Amy Campbell, Amy Honan, Clare McCormack and Elizabeth Millar – successfully completed the Queensland Law Society’s family law specialist accreditation. Michael Lynch Family Lawyers now boasts seven accredited specialists (family law) and claims the title of the firm with the most family law accredited specialists in Queensland. Read the press release online [...]

How does child support work?

17 February 2014

Sometimes parents entitled to be paid Child Support by the other parent advise us that they do not want it, or that they do not intend to claim it. Such statements are often emotionally driven. It is important to remember that Child Supportis a legal obligation, not a moral one. While a parent may believe [...]

7 Common Traps of Separation – The Interview with Michael Lynch

2 January 2014

Separation, it's one of the most difficult experiences of your life. So many questions. So many decisions. And so many well-intentioned friends giving you "good-advice". Accredited Family Law Specialist, Michael Lynch, shares some practical Family Law tips learnt from almost 20 years experience. Press Play to Listen Now.

Specialist Accreditation 2013

19 December 2013

Amy Campbell, Amy Honan, Clare McCormack and Elizabeth Millar – successfully completed the Queensland Law Society’s family law specialist accreditation. On 6 December 2013, they were presented with their certificates by the Honourable Chief Justice Paul de Jersey AC at a presentation breakfast.

Child Abuse Intervention

15 October 2013

Each State of Australia has laws that deal with child abuse and a Government Department responsible for administering it.  In Queensland this is the Department of Communities, Child Safety and Disability Care (DOCS). Some child abuse cases do not come into the Family Court, and are addressed by the Department in the Children’s Court. The [...]

What Is A Family Report

2 September 2013

Quite often one of the crucial questions for the Court is the need to know what the children’s wishes are regarding where they should live. As parents often differ in their view of what the children’s wishes are, the Court tries to get an independent understanding of the child’s wishes,  by getting a Family Report. [...]

Is the Agreement ‘Impracticable’ or just a ‘bad bargain’?

23 July 2013

If parties can agree on how they will divide their assets and liabilities when they separate, they can make their agreement legally binding by entering into either a Consent Order or a Financial Agreement. But what happens if the agreement can’t be carried out or if the terms of the agreement have a very different [...]