The first legal ‘consideration’ that needs to be made when determining children’s care arrangements is whether an ‘equal time’ order is ‘reasonably practical’ and in the child's ‘best interest’. What is ‘reasonably practicable’ becomes very difficult when rosters are involved. A recent case has considered just such a situation, when a parent has significant [...]
The Family Court recently heard an appeal against a contravention application where the trial judge found that the contraventions had been established. The trial judge found that 4 contraventions were made out and ordered that the mother enter into a bond for 18 months. On appeal, the court examined the evidence that was before [...]
In a recent property settlement case, the court considered an application by the wife for spouse maintenance. The couple had been together for 16 years. The wife sought payment from the husband in the amount of $600 per week, to continue indefinitely. The husband proposed to pay the wife $500 per week for a period [...]
Often in family law matters regarding children, particularly where domestic violence is a factor, a court will make orders that a parent not be allowed to contact the other parent except in the event of an emergency. The court recently considered the definition of “emergency” in this context. The mother had a protection order [...]
If you have separated and have children and the suggestion of a Child Support Agreement has come up, it is important that you think carefully about what to do. Here are some quick tips: What is a child support agreement? A child support agreement is a written agreement between parents on the amount of [...]
Just separated? Experiencing difficulties with parenting arrangements? It is important you get advice about what will happen with custody of your children. There are a lot of myths regarding people wanting full custody of their children. Let's correct some of them. The legal process Every family is different and there are no standard or [...]
Separation can often be a complicated and confusing time. Most people don’t know where to begin. If you have just separated and don’t know what to do next, here are some of the common mistakes that can be made and that you need to avoid: Going immediately to mediation – many people believe there [...]
Issues regarding school enrolment and getting children ready for school can often ignite disagreement and disputes between parents who are separated or divorced. Where the channels of communication have broken down, it is commonly the case that schools are called on by parents to be the facilitator or arbiter of their dispute. You should [...]
As we approach the end of the school year parents with custody agreements in place will be making plans for summer holidays. What happens if the other parent fails to return your child on time? Quick steps can be taken to ensure your child is located and returned to you. Parents can seek a [...]
