The Court recently considered an objection by the Police, to a subpoena they had received, on a number of grounds, including that the production of the documents was not in the 'public interest'. The matter involved parenting arrangements. The mother argued that the father should not have any time with the child on the [...]
The underlying legal requirement for each party in a property settlement is 'full and frank disclosure". When it doesn't happen in a consent order the court has the power to set aside the order and make a new one. In a recent case the husband was found - 10 years after the consent orders [...]
The court was recently asked to consider a property division, where the couple had only been married for a short period of time, in total just over 3 years. The husband proposed that each party retain the assets they brought in to the relationship and retain those assets which they currently held. The Judge [...]
Q: Would a binding child support agreement be a good idea for me – how long will it go for? A: There are a range of situations where a binding child support agreement might assist, but be aware that there are only very limited situations where one can be ‘set aside’. Parties can enter [...]
For some people after the breakdown of a relationship they will need to consider how it will affect their immigration status in Australia. This is in addition to working out how the children will be looked after. The Department of Immigration directs that they must be informed if a relationship ends, especially before a [...]
Q: Can my property settlement impact on my child support? A: Yes, it can. There is an important catch that you must be aware of when negotiating a property settlement. Where separating parties are equal shareholders and Directors of a company, they may agree for a payment to be made to one of them in a property [...]
The Court recently considered an interim application by the mother of a child, aged 11, to relocate 2 hours away. The ICL and the father opposed the application. The mother indicated to the Court that she intended to relocate, regardless of whether the Court ordered that the child could relocate with her. The Court identified [...]
The number of marriages for every 1,000 people has generally fallen in the last 40 years (9.3 in 1970, 7.4 in 1980, 5.3 in 2001, 5.5 in 2008). Cohabitation before marriage has increased significantly in the last 40 years. In 1975, only 16 per cent of those married lived together beforehand, increasing to 23 [...]
Q: I want to agree to receive a lower child support payment than what the Child Support Agency has currently assessed me to receive - is that possible? A: This is possible and can be done by the parties entering into a binding child support agreement. But remember – if you are entitled to a [...]
Children travelling overseas (and efforts to retrieve them) has received a lot of media attention recently. It's timely therefore to look at what Orders the Family Court can make to stop children travelling overseas. Family Law 'Watch List' Orders are usually sought in circumstances where there is a risk that a parent may take a [...]
