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 of [...]
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 [...]
In situations where parents separate, children will often have opinions on what they want to do, who they want to live with and when they want to spend time with each parent. When should a child’s wishes be acted upon by the Court? The Family Law Act is silent as to what age a [...]
There is often a misconception that separation can only occur on the date that a partner decides to move out of the home, but in many instances this is not the case. In these days of Global Financial Crisis, it is more common for couples to separate but still continue to live together in the [...]
With most families these days having both parents working - the childcare assistance that grandparents can provide often has them playing a big role in their grand-children's lives. So - what happens if a couple separate and the grandparent can no longer see the grandchildren? Naturally, negotiation and possibly, mediation should be the starting point, [...]
When separation occurs, it is quite common that one of the spouses may wish to move away. Often the desire to relocate can come about as a result of new employment opportunities, a new relationship, to be closer to family and friends or simply a change of lifestyle and a fresh start. This becomes [...]
When determining the percentage division of the property in a Property Settlement, the Court takes into consideration a number of factors. These factors can include contributions, the length of the relationship, the care of any children and future needs. In situations where the Court is satisfied that Domestic Violence has occurred, the Court (“in [...]
The Family Law Act provides limited scope for a 'Final' Court Order for Property Settlement, to be re-opened. This includes Orders that are made by Consent (between spouses) or Orders made by a Judge. A person affected by a Court Order which alters their property rights has the standing to make an application to the [...]
