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Parenting orders as children grow up

By Matthew Sibley on Nov 14, 2019 6:30:00 PM

Children are constantly evolving, developing and growing at varying stages of childhood and adolescence. They transition from preschool, to primary school, to high school; their friendship circles, interests and extracurricular activities may change; sometimes they may move to a different suburb, city or state. Change is a reality in a child’s life and studies show that people grow and develop more rapidly in their childhood than at any other point of life.

Topics: Family Law
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The rare exceptions for FDR

By Matthew Sibley on Nov 14, 2019 1:54:50 PM

In a recent blog post, we explored the mandatory requirement for parties to attempt to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’) prior to applying to the court for parenting orders: Family Law Act 1975 (Cth) s 60I(1). However, s 60I(7) provides various exceptions to this mandatory requirement such as the following:

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The necessity of FDR

By Matthew Sibley on Nov 13, 2019 2:56:16 PM

Prior to commencing parenting proceedings, parties must make a “genuine effort” to resolve their parenting dispute with the assistance of family dispute resolution (‘FDR’): Family Law Act 1975 (Cth) s 60I(1). The usual form of FDR that parties engage in is mediation with an accredited FDR practitioner. Often this take places through services such as Relationships Australia, however parties can engage an accredited private mediator (who is often an admitted lawyer) to mediate their dispute as well.

Topics: Family Law
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The impact of bankruptcy in Family Law

By Matthew Sibley on Oct 15, 2019 3:19:00 PM

In 2005 and 2009, crucial amendments were made to the Bankruptcy Act 1966 (Cth) and the Family Law Act 1975 (Cth) that bestowed jurisdiction upon the Family Court of Australia in bankruptcy for married and de facto couples.

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The property settlement process

By Karla Elias on Oct 11, 2019 10:52:32 AM

The Family Law courts, under s79 of the Family Law Act 1975 (Cth) (“the Act”), have the power to alter the interests of parties to a marriage or de facto relationship when it is just and equitable to do so. As far as practicable, the Court aims to make orders for property settlement that will determine the financial relationship between the parties on a final basis.

Topics: Family Law
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Is your former spouse generating debt?

By Andrea Harrold on Sep 4, 2019 3:37:17 PM

It is not uncommon for a spouse to accumulate debt following separation. If your spouse is partying it up, spending money on extravagant items, selling investments and increasing their credit card debt, it can make the family law property settlement problematic. This is because all assets and liabilities are included in the pool that is to be divided between the parties, and the value is at the current value, not the value at separation. What can be done about debts incurred post separation?

Topics: Family Law
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AVO's and Parenting Orders

By Matthew Sibley on Aug 26, 2019 3:00:20 PM

One of the primary considerations when determining what is in a child’s best interests is “the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence”: Family Law Act 1975 (Cth) (‘FLA’) s 60CC. This consideration is given greater weight than the benefit to the child of having a meaningful relationship with both parents.

Topics: Family Law
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Child Support 101

By Katherine McCarthy on Jul 31, 2019 9:58:54 AM

Parents with children under the age of 18 years have a responsibility to financially support and provide for their children. When marriages or de facto relationships break down causing the parents to separate, that financial responsibility to their children does not end. As a result, the primary carer is usually entitled to receive money from the non-primary carer to assist with providing for the children. This is to pay for food, clothing, education expenses and the day to day expenses in raising children. This payment occurs by way of child support.

Topics: Family Law
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Finding and Returning Children: What happens if your child has been kidnapped by their parent?

By Andrea Harrold on Jul 23, 2019 9:52:54 AM

When children are taken and not returned to their usual parent at the agreed upon time and location it can be cause for serious alarm. Questions like “Where are my children?” “Are my children safe?” “How do I get them back?” arise. The Court has a clear process for the recovery of children if children are kidnapped.

Topics: Family Law
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The Importance of Full and Frank Disclosure

By Karla Elias on Jul 19, 2019 3:04:16 PM

The Duty of Disclosure

Topics: Family Law
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