Under the Family Law Act, the grandparent of a child is entitled to apply to the court for parenting orders. The court recently considered an application by a grandmother for orders that the children ‘spend time’ with her, in circumstances where the time was opposed by the parents. There were two children involved, aged [...]
The assessment of child support by the Services Australia Child Support, otherwise known as the Child Support Agency (CSA) under the formula requires a determination of what is the 'child support assessable income. In some cases this can be a complicated process. If one of the parents is dissatisfied with the assessment they can [...]
There’s a lot of emphasis on mediation and there’s a reason for that. Whether it’s ordered by the court, or entered voluntarily, there’s a lot of benefits to undergoing mediation. Here are the top five benefits of mediation: 1. You can still have a relationship – of sorts – after mediation [...]
Superannuation is part of the property pool during separation and divorce, and it used to be quite difficult for people to get the details of their ex’s super entitlements. There is now a new avenue... The Federal Government has now improved the visibility of superannuation assets in family law cases, making it harder for [...]
A common question we get asked is “when do I stop the payment of child support?” Before answering that, let’s get a clear picture regarding the financial support for children. There are 2 potential processes you need to be aware of: Child support: The Child Support Agency (Department of Human Services) is a federal government [...]
There are two ways that couples can own real estate, either as "joint tenants" or "tenants in common". When couples separate they may need to consider what arrangements are in place. Owning real estate as "joint tenants" means that if one of the parties dies then their half interest in the property automatically passes [...]
For separated parents, trying to sort out what time the children will spend with each parent is not easy. The Family Law Act says that the foremost consideration when making such a decision is what is in the child’s ‘best interests’. One of the most commonly considered aspects of ‘best interests’ are ‘child’s wishes’. [...]
When separated couples reach an agreement regarding the arrangements for their children, they are confronted with 2 options for how to document the agreement, either a parenting plan or a consent order. There are significant differences between the two. What is a Consent Order? A standard court form that is completed by the parties. [...]
If you are an owner or co-owner of a home, it may be very sensible for you to change the locks on the home if your partner has already moved out and you do not want them moving back in. But the question is, can you? The Answer is - yes. If you are [...]
