Relocation cases are complex, highly emotional and have a significant impact on all parties involved. When one parent is looking to relocate overseas, the issues are even more complex, as arrangements involving "equal care" and "substantial time" are essentially taken off the table. The Court must try and determine what arrangements will be in the [...]
Family law property settlements often involve the valuation of a family business. Occasionally, the financial records of the business do not add up to the lifestyle or spending habits of one or both of the spouses in the business, leading the Court to reach the conclusion that business income has not been properly disclosed. Disclosure: [...]
Placing a value on your matrimonial property pool is one of the most important and often complex steps involved in negotiating a property settlement. Recent events such as the GFC and natural disasters both locally and internationally may have an ongoing impact on the valuation of certain assets, particularly business interests, shares and real [...]
Placing a value on your matrimonial property pool is one of the most important and often complex steps involved in negotiating a property settlement. Recent events such as the GFC and natural disasters both locally and internationally may have an ongoing impact on the valuation of certain assets, particularly business interests, shares and real [...]
We have just had the 2 year anniversary of the significant amendments that were made to theFamily Law Act giving the Family Court jurisdiction to determine defacto property settlements for couples that separated after 1 March 2009. The legislation covers both opposite and same sex couples. As of 1 July 2010 South Australia also elected [...]
A recent Court case has considered the adjustment a Wife should receive in a property settlement for her contribution and future responsibility for the care of the couple’s severely disabled child. THE FACTS: The parties married in 1981 and separated in early 2004. The Husband was 51 years of age and earned over $147,000 per [...]
Relocation cases by nature are usually conducted on the basis that there will be a permanent move by one parent to a distant location, never to return. But what about a situation where there is a certainty that a parent would return, and within a relatively short period of time? The Facts: The child was [...]
For separated couples, when emotions are high and speedy outcomes are wanted, parties can often feel pressured by their former partners to compromise or give in and sign off on proposed arrangements. The question that then arises is - how far does this pressure go? Does it go far enough to constitute duress and therefore [...]
Unlike the majority of child matters which are determined under the Family Law Act, matters involving adoption are legislated by States and Territories. In Queensland, this is the Adoption Act 2009. Previously, adoption had been regulated under the Adoption of Children Act(Qld) 1964. The Adoption Act 2009 commenced on 1 February 2010 and makes a number [...]
When the Court uses the term “parental responsibility” – what does it actually mean? The Family Law Act states that parents (of a child) have “parental responsibility” and that it means, “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” But what comes under this notion of “parental [...]
