It is not uncommon for a parent’s time with a child to be supervised if there are allegations of abuse and the Judge determines the child is at an unacceptable risk of harm. Supervision allows the relationship to continue but ensures as far as possible that the child is safe. It is however unusual [...]
One of the limited reasons for being able to get a nullity of a marriage is proving that a spouse did not give consent to the marriage due to duress or fraud. The issue sometimes arises in cultural and inter-country marriages. The court recently heard a matter where the husband claimed the wife had [...]
This is a question that we are often asked. A recent case provides some insight on what the court thinks. When considering parenting matters, in the context of family law in Australia, one of the major issues to consider is whether the parents have equal shared parental responsibility. In the majority of cases parents [...]
Separated parents are often faced with a situation where the other parent wishes to travel overseas with the child for the purposes of a holiday or visiting extended family. This can make the non-travelling parent anxious about the safety of the child during the period of travel, whether the child will be returned to [...]
We are delighted to announce the appointment of Tarah Tosh and Amy Honan as Directors. Michael is proud to have Tarah and Amy join him as Directors of the firm. Both are dedicated to their clients and the client care culture that is Michael Lynch Family Lawyers. Amy is an Accredited Family Law Specialist [...]
What can be done if one parent believes the other parent is behaving badly? The court has recently considered an application by a mother seeking an injunction that the father not be permitted to consume alcohol during any time that the child spends time with him. The Facts: A consent order was already in [...]
Not only does the CSA assess and collect child support, it can also collect spouse maintenance payments. (For more see “The ‘How To’ Of Spouse Maintenance”.) So how does that work? When a court order provides for the payment of spouse maintenance, the spouse who is entitled to receive the spousal maintenance can enlist the [...]
An independent report that captures the personal interactions of parents and the wishes of children is a valuable document in the Family Court. So it isn’t surprising that there is sometimes an argument over who is suitable to prepare it. So who is? In disputes about the care arrangements for children, parents can agree [...]
The extensive changes made to the Domestic Violence laws in Queensland at the start of the year came into force on 30 May. Some of the changes include: Minimum 5 year orders instead of the previous 2 years. Cross applications are now heard at the same time, and Penalties for breaches increased from 3 years [...]
Financial support after separation comes in different forms – not only is there child support and spouse maintenance, there is also scope for the financial support for children over 18yrs! Each of these areas are complex and frequently misunderstood and Accountants are often on the front line in getting questions about it. To watch [...]
