From time to time, a spouse will propose to the Court that a property settlement not be finalised immediately, but that it be delayed. This delay could be suggested for various reasons, usually commercial reasons. The difficulty with this suggestion is that it is contrary to the legal requirements for financial finality. In a recent [...]
In any parenting case, the “best interests” of the children are the “paramount consideration” for the Court. That means that who the children "live with", how much "time they spend" with the other parent, and which parent has decision-making responsibilities (i.e. “parental responsibility”) will be determined by reference to what is in the "best [...]
A DNA test result provides a clear answer in paternity cases but getting a DNA Test is not always as easy as it may seem. To satisfy a court that an order for DNA testing should occur, an applicant needs to satisfy the court, under the specified tests, that there is a “presumption of parentage”. [...]
Many couples still adopt “traditional” roles during their marriage or de facto relationship. One party (often the husband) is the main “breadwinner” for the family, and the other party (often the wife) is the primary carer for the children and the main “homemaker” for the family. It is a common question whether the contribution each [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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.
