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Some Common Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not. Let’s take a...

Firstly, what is a property settlement? When it comes to property settlement, Put simply, the division of assets when a relationship breaks down, enabling both parties to sever financial and material ties with one another so they can better move on with their lives, requires a property settlement. A property settlement will also include the distribution of liabilities, such as unpaid loans and credit card debt. Some confuse a property settlement with who gets the house, but there’s more to it than...

When a relationship ends there is a lot of focus on the pain and strain of separation and divorce, as well as negotiating parenting plans, child visitation rights, and the division of property, assets, and liabilities. Of course, all of these things are extremely important, but what about the pets law? Who gets to keep the family’s beloved cat or dog? Many people these days think of their pets as furry little children. They are just as important as any...

The term lifestyle clause has grown in popularity over recent years. It’s something that is trending with first-time newlyweds; as well as those who have walked down the aisle before. So what is a “lifestyle clause”? It’s about locking in a variety of terms and conditions before the big day in an attempt to avoid misunderstandings and conflict of interest down the track. These clauses are often added as addendums in a prenuptial agreement and are in addition to things...

How to find the best Family Lawyer for you With so many law firms to choose from it can be a difficult process to choose just the right lawyer for your needs. In this post, we’ll note a few things to be mindful of when deciding on the best family law firm for you. Do They Specialise In Family Law? Some law firms are highly specialized, while others seem to try to cover virtually every possible aspect of the law....

Coping During Separation and Divorce There are not many moments we’ll encounter in life than can be more stressful and depressing than going through the breakdown of a romantic relationship. Throw the process of a divorce into the mix and things can become even more confusing and exasperating. Here are a few top tips to focus on when enduring this stressful period, helping you to cope better throughout the process. If You Have Children, Put Them First Separation and divorce...

How to protect yourself after separation? Separating after a long-term romantic relationship can be tough to deal with on an emotional level, but dealing with the pain is only a part of what has to be done. Now is the time to also tidy up some loose ends and protect yourself now that the relationship or marriage is over. To protect yourself after separation, there are a number of things you should be doing, including the following: 1. Change Your...

Preparing For A Conciliation Conference? For a conciliation conference, you must exchange information with each other and provide information to the Court before the conference. So that you and your former partner make the best possible use of the conference, In a case about financial issues, each party must have exchanged copies of relevant financial documents with the other parties at least two days before the Case Assessment Conference. If the following documents were not exchanged prior to that conference,...

How Our Children are Exposed? Children exposed to disturbing content on the home computer, despite the best intentions and efforts of parents who have installed filters and monitoring systems to protect their children from inappropriate content. Children whose parents believe they are watching harmless and age-appropriate videos (such as Pepper Pig and Frozen), may be exposed to disturbing violent or pornographic content involving their favorite characters. Disturbingly, this content isn’t picked up or caught by YouTube and YouTube Kids and...

Recovery, Respect, and Hope Offered by Traditional Court Alternative by Brisbane Family Lawyer A successful initiative in the Brisbane Magistrates Court is assisting drug-addicted parents to get their lives back on track and resume their role in their children’s lives by Brisbane family lawyers. The Dandenong Drug Court, recently featured in television and print media, was introduced in response to the failure of the traditional criminal justice system to adequately address drug-associated offenses. Drug Courts are in operation in Victoria,...

What the statistics tell us about the likely success of the “marriages” in the hugely popular Married at First Sight television program. Married at First Sight purports to marry individuals “scientifically” matched by relationship experts, who meet for the first time at the altar. Most of us know that the wedding ceremonies occurring in front of the cameras are not legally binding, but the program’s focus on the institution of marriage raises interesting questions about the legalities of marriage as...

Recent parenting decisions are a stark reminder to parents to put the children first in parental disputes, with the Courts stressing a child’s right to have a meaningful relationship with both parents. The Family Court is taking a tough stance on mothers who deny or interfere with their children’s relationship with their fathers. FATHERS AWARDED PRIMARY CARE In a recent decision in the Brisbane Family Court, the Court ordered that 2 children should be removed from their mother’s care in...

TAKING IT TO COURT? CONGRATULATIONS! YOU AUTOMATICALLY QUALIFY FOR A FAMILY REPORT. It is inevitable that parents who institute proceedings in the family court involving their children, will if the parenting issues relating to the children are not resolved, be required to attend a conference and consult with initially a family consultant attached to the court, and if the matter proceeds further in the court process with a family report writer. Family reports by a family consultant and a family...

Payment and Recovery of a Child Support Debt If an application has been lodged with the Child Support Agency, and for whatever reason, there is a debt outstanding on the assessment of child support by the agency, how is that debt recovered? An assessment for child support by the Child Support Agency is normally paid by the employer of the person who owes child support (the payor). The person, normally the father, who is required to pay child support, will...

Top 10 Matters to think about when separating Seek advice from your accountant or financial adviser on the financial consequences arising from a separation. Work out a budget for your essential living expenses, not only for yourself but your children. List all your expenses. Download a financial statement from the Family Court website which will give a good guide to the expenses which you should consider. Do you have enough income to pay for your expenses and those of your...

Lengthy Battles It has long been recognised that the present litigious proceedings in the Family Court have not been the most appropriate means of dealing with children’s issues. The Federal Government established a review committee to advise on a system that would best deal with parenting issues. As a result of the input of this committee, the Federal Government introduced a bill into parliament called the Family Law Amendment Bill (Parenting Management Hearings) Bill 2017. This legislation provides for the...

What is The Parenting Bill? A proposed new forum for resolving family law disputes relating to children. The parenting bill proposes to establish a new statutory authority to offer self-litigants (parents who do not have legal representation) an alternative to having their matters heard in the Family or Federal Circuit Courts (The Family Courts). A vast majority of matters heard in the Family Courts involve unrepresented parties. They do not, in the main, have the knowledge or ability to fully...

What about the Children?  Considering the Psychological Impact of Family Breakdown on Children. The way parents handle a separation can have a huge impact on how well their children cope with it. Research has shown that children from families where parents are involved a high conflict separation are at greater risk of developing emotional, social and behavioural problems. Parental conflict has a negative impact on a child’s adjustment and sense of safety at a time when they are already experiencing...

Joint Collaborative Mediation with a collaborative trained solicitor and psychologist I am an Accredited Family Law Specialist.  Over the many years that I have been in practice I have been involved in all facets of Family Law Brisbane and in all areas of Family Law mediation varying from the basic Legal Aid Conferencing to participating in mediation as a lawyer to clients and in the capacity as a mediator.  I have observed legal professionals acting as mediators and have observed...

The holiday season is supposed to be a time of togetherness and joy. In particular, children are able to experience the wonderment of the Christmas celebrations in a way that is very unique. However, since family members may not always get along, holiday family gatherings can bring out conflict, stress and even more tension. When splitting the responsibility of parenting it is important to minimise conflict. Here’s some well-intended advice on getting through this holiday season if you share parenting...