Although there is no legal requirement to do so, many separated or divorced women revert to using their maiden name more...
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Following a separation, it sometimes happens that a parent wants to change their child's surname more...
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One of the most mind bending decisions for a family lawyer is how to advise a mother whose child has suffered child abuse by a father or partner more...
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I noticed a distinct pattern of corrupt conduct of the Family Court - mothers were called liars and accused of coaching their children to lie more...
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Spousal Maintenance is often not considered properly in family law matters. A consideration of whether a party is eligible to receive Spousal Maintenance has 2 elements more...
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Telling your children that you and your ex partner are planning to separate is one of the hardest things you are ever likely to do more...
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10 steps to take before you tell your children more...
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Traditionally, when a parent gained 'custody' of the children it meant that they were responsible for the care of the children and made all of the decisions affecting them more...
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As affidavit is a sworn or affirmed document that is filed in court together with, and in support of, your application or response more...
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This part of the article tells you what to do, and what to say, when you do finally arrive in court more...
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Going to court without a lawyer is one of the most daunting experiences you can go through more...
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Not many people are aware that superannuation funds can be accessed early on grounds such as compassionate grounds or financial hardship more...
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Stats show that if the fathers seek residence in the Family Court, the chances are high that they will succeed. The chances are so high that Family lawyers and Womens Legal Services are advising mothers more...
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Whether you have a lawyer acting on your behalf or you are self-represented, there are a few things that you can do to both assist the ICL but also more...
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An ICL is appointed to provide assistance to the Court by representing the best interests of the children in the proceedings. The ICL is not a direct representative of the child more...
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Following a separation where there are children involved it is not uncommon for mothers, who are more-often-than-not their childrens primary caregiver, to ask whether it is possible to alter the childs name to match their last name more...
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For those who haven't separated, the process of taking a child overseas is pretty straightforward, you get a passport for the child, you buy a ticket and then get on the plane more...
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If you have been married or in a de facto relationship, you (or your former partner) may have a right to seek an adjustment or division of assets held by the other person or held in joint names more...
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When you have decided to end a relationship there are some practical steps you can take to protect your interests. Here are my top ten suggestions for women more...
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...(the father) is therefore liable to pay child support but also presumptions under the Family Law Act apply as to equal shared parenting, and the possibility of equal time more...
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The main issues that mediators can assist with are parenting and financial issues. Custody is now referred to as "shared parental responsibility" and both parents are encouraged to play an active role in the child's upbringing. This does not necessarily mean equal time for both parents
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When parents separate, it is often the case that many areas of parenting decisions such as choice of schools for children which had been agreed upon in the relationship, are now matters that are in dispute
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Anyone who has been or is going through a Divorce knows how incredibly stressful this period of one's life is. Often it is not just that we have ourselves to care for but we have children, pets and financial obligations to third parties that we must meet
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The court has a positive obligation when using its discretion to make parenting orders, including where it considers making orders whether a child should relocate, so as to ensure that the child’s best interests are paramount. In order to determine this, it must consider primarily 2 issues
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Sometimes there is an assumption that because a couple have lived together that each is entitled to half
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It is that time of year for separated parents to remind themselves to act with empathy and sharpen their compromise skills to protect their children during the lead-up to the Christmas break more...
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Do you have a child between the ages of 0- 4 years? Are you struggling with parenting arrangements for your child? One of the most difficult tasks I confront as a legal practitioner on a regular basis is drafting, proposing and filing parenting orders for children in the 0-4 year age group where parents have separated more...
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Having practised in Family Law for over 20 years, I have seen my clients and their former partners make some terrible mistakes when choosing to separate. Unfortunately sometimes these mistakes prove costly. Here are 8 simple things to do to avoid common mistakes more...
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If you are planning to end your marriage, have instigated the separation or it has been initiated by your partner, it is essential to seek legal advice as soon as possible. The legal process of divorce is not always straightforward and can involve a number of complications more...
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Whether it is true or not, many people hear the words "divorce" and "family law" and conjure up images of long drawn-out court room battles, huge legal bills and bitter parties. This perception does not, thankfully, have to be the reality for the many people whose marriages and/or intimate relationships break down more...
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It is not uncommon for parents who have separated to want to move away, sometime a few hours away from the other parent, sometimes interstate and sometimes even overseas and nothing causes parents more grief than this scenario.Often and unfortunately with separation and divorce comes a lower standard of living more...
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Divorce - what it costs, how long it takes...and some common misconceptions. Divorce is the legal dissolution of a marriage that has been recognised in Australia. It has a finite legal meaning and relates only to the dissolution of a marriage and not the potential surrounding issues of property settlements and custody arrangements more...
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In 2006 changes were made to the Family Law Act that refocused the law towards what is in 'the best interests of the child' and also introduced the notion of 'equal shared parental responsibility' more...
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Stephen Page, Lawyer
In the process of pain and shock of separation and divorce, often a will and related documents that concern death are the last thing on your mind more...
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Pamela Cominos, Lawyer
A common issue that arises in property matters and one that causes the greatest of angst to most people are circumstances which involve one party using joint funds or property for their personal use and or benefit more...
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Erin Smyth, Lawyer
When it comes to child support most mothers initially think of utilising the Child Support Agency to determine the amount of money the father should pay and also to monitor this process and review the amount if need be. There are however, two other options that can be utilised by single mothers more...
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Pamela Cominos, Lawyer
It is the case that parenting Orders made by consent or by the Court are sometimes breached by one of the parties and the reasons for this can be varied and many more...
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Stephen Page, Lawyer
It would be a serious mistake to think that you could have a passport issued for your child without the father's consent when the father has not been named on the birth certificate. It may be an even bigger mistake to remove the child from Australia more...
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You can change your child’s surname following separation but only if you follow the correct procedure and you comply with legal requirements. A Court will stop any attempt to change your child’s name if the Court is satisfied that the change was done without the written consent of both parents and if it does not promote the welfare of your child. What then are the legal requirements and steps to be taken? more...
Currently, Australia is in a state of change with respect to family violence and children’s matters under the Family Law Act 1975 (Cth). This change is coming in the form of the Family Violence and Other Measures Bill 2011, which is now before Federal Parliament more...
The need for one party to relocate with the child of a marriage or relationship can be one of the most difficult issues to deal with after separation. Relocation occurs when one parent wants to move residence after separation more...
Have you and your ex agreed on a property settlement? Thinking about whether to sign a Financial Agreement? There are some very important matters that you should know about financial agreements before you agree to sign more...
The end of a relationship marks the beginning of the necessity to make new lifestyle decisions. Where will I live, who will care for the children, who will pay the children’s school fees, how will I manage financially and how will assets be divided? more...
Wanting your child or children to maintain a relationship with your ex partner or spouse once you have separated can be difficult for mothers. If the separation is not amicable then the problems can multiply and many mothers may have fears for the children’s welfare when with the other parent more...
I am a single mother of a five-year old. I was in an on-off relationship with the child's father until i found myself pregnant. I have had no communication with the father and have no idea of his whereabouts more...
Prior to December 28, 2002 people’s superannuation entitlements were not considered ‘property’, rather considered to be a financial resource. Due to this, superannuation entitlements were not able to be divided. Following the passage of new legislation in December 2002 superannuation entitlements are now considered property and can be properly divided and transferred more...
New laws proposed by the Gillard government directly tackle domestic violence in the family law arena. They are contained in one of the shortest bills before Federal Parliament, but will most likely tilt the playing field in the Family Court towards the protection of children from violence and abuse, and away from the emphasis of the child’s right to have a relationship with the other parent more...