In the last 12 months the media and the broader community has had an increased focus on the problem of family violence. Here are some statistics that clarify the seriousness of the problem in Australia. one in four women (23%) has experienced family violence (ABS) one in three women (34%) has experienced family violence by [...]
A person wishing to change an existing parenting order, should give careful consideration to the reasons why they are doing so. They must be careful that they are not seeking to re-agitate old arguments which existed at the time of making the previous parenting order. A 'significant change in circumstances' is required to be established [...]
Both parents are required to sign an application for a child's passport to issue, unless one parent has sole parental responsibility. A recent case considered an application to dispense with a parent's consent to obtain a passport. Facts The 15 year old child wished to travel overseas on a school trip, which required the [...]
The Family Court of Western Australia has ordered that a child undertake chemotherapy to treat a rare form of cancer, contrary to the parents' wishes. Report by Stephanie Brown. This article was published in the July 2016 edition of the Queensland Law Society magazine, Proctor Read the full article here.
A Divorce application requires an 'irretrievable breakdown' of the marriage and that is held to be 12 months 'separation'. So what makes separation? The Family Court has determined that separation is when the following 3 elements are present; An intention to separate; Acting upon that determination; and Communication of that intention to the other spouse. [...]
Q: Can my former partner and I divide our property without going to Court? A: Yes, but it is important you correctly document your agreement. This can be done either with an Application for Consent Order or a Financial Agreement. You do not need to personally attend the court for either of these but [...]
In a recent case a Judge made an Order which permitted the relocation of 3 children with the mother from North Queensland to Brisbane, despite the family report recommending that it would not be in the children's best interests. Relocation is treated on a case-by-case basis and it may be years after separation that one [...]
If an application for divorce has been made and it is not a joint application, the Applicant is required to serve a sealed copy of the application on the respondent. Service can be made either by way of personal service or through the post. When the respondent cannot be located to enable service to [...]
One parents wish to take a child overseas for a holiday can cause a lot of concern for the non-travelling parent, if open discussions have not occurred. Disagreements often arise about how much notice should be provided by the travelling parent and what countries the child should be permitted to travel to.If the parents [...]
Q: When is the Right Time to See a Solicitor? A: You should always speak to a Family Law Solicitor as early as possible. If you are thinking that you may separate from your partner, it is a good idea to book an initial consultation to discuss your rights and obligations, as well as [...]
