I Recorded my Son Crying That he Didn’t Want to go to my ex. Can I use That in Court?
This might seem like a good idea so you can show the judge what a struggle you are having. However, the Family Courts are not there to take sides. They are trying to work out what is best for the children. In certain circumstances, this may mean that the recordings will be allowed in […]
It’s Almost School Holidays. I was Going to Take the Kids Away but my Ex Won’t Agree.
School holidays can add to the tension between parents in separated families. Parents may have remarried and have blended families making it complicated to organise holidays away and juggle extra-curricular activities and holiday camps. Easter and Christmas holidays may also have special significance for one partner or Passover for another. It may be important for […]
Legal Marriage in Australia
What is Marriage? In Australia, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 which commenced on 9 December 2017, amended the Marriage Act 1961 to redefine marriage as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’. Who can get married in Australia? A person can get married if: Aged at least […]
Legal Divorce in Australia
Jurisdiction According to the Family Law Act 1975 (Cth) (“FLA”) to commence divorce proceedings, you must be an Australian citizen, domiciled in Australia or resident in Australia for the last 12 months. As these are not cumulative, only one requirement must be met. “Domicile” refers to the country of permanent residence to which a person […]
Do I Have to go to Court Straight Away? What do They Mean When They Talk About Pre-action Procedures?
Avoiding Court When a relationship breaks down, communication between ex-partners will often break down with that relationship. Ex-spouses and partners are suddenly instructing lawyers and Court seems inevitable. However, it doesn’t have to be that way. Court and the legal system can be expensive and stressful for all parties. If you can try to resolve […]
My Ex Partner Took the Kids and Now They Want the Home as Well. Why Can’t I Get 50/50?
CONTRIBUTIONS: Which partner did more? We often meet clients who have worked all their lives to maintain the family whether as the homemaker or as the salary earner. Each partner has made a significant contribution to the emotional and financial well-being of the family. Each partner has a right to believe that the Court should […]
Significant Changes to Migration Law as of July 2018
From 1 July 2018, many governmental initiatives will be implemented which will deeply impact Australia’s migrant community. This includes a series of reforms on various skilled visa categories in Australia’s migration program. The Government is changing the eligibility requirements for some permanent skilled visas “to better align the permanent and temporary programs”. The department claims […]
My Ex is Denying we Were in a De Facto so They Don’t Have to Pay me any Money
What can I do? To establish that you were in a de facto relationship, you need to provide evidence of the public perception of you as a couple and the nature of your relationship as a genuine domestic commitment to each other. This can be from neighbours, friends you socialised with or colleagues who saw […]
Family Violence and AVOs/ADVOs
The Family Court takes family violence very seriously and has a very broad definition. The population in general has become increasingly aware of the problem of violence in families and its impact on communities. We have helped many women in refuges who are trying to protect themselves and their children while going through the Family […]
Pets in Family Law
Our dog is part of the family but my ex-partner wants to take her with them. Family law proceedings are a stressful and emotional time. Children are uprooted from their routine and may suffer trauma as they are torn between two households. A pet can be a great source of comfort and distraction from the […]