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Co-parenting during the Easter school holidays in Queensland, can present unique challenges, but with careful planning and communication, it can also be a rewarding experience for both parents and children. One option for dividing time during the Easter long weekend is to have one parent spend time with the children from 12:00 pm Easter Saturday until 12:00 pm Easter Sunday, and the other parent from 12:00 pm Easter Sunday until 12:00 pm Easter Monday. This allows both parents to have...

The passing of the most recent Family Law Amendment Act on 19 October 2023 brings important changes to the current regime, which will affect your rights, the court’s approach and our legal advice. These amendments will be effective from 6 May 2024. There are four key changes which will discuss in this blog. 1. No more presumption of equal shared responsibility under section 61DA Cause This presumption provides that parents are presumed to have equal responsibility concerning the long-term decision...

What is a property settlement? In basic terms, a property settlement determines how much you and your spouse will receive after all of the assets, liabilities and superannuation are identified. The property, assets and superannuation are jointly referred to as the property pool, which is what will eventually be divided and distributed between the parties. Common misconceptions It is a common misconception that both parties to a property settlement will receive a 50/50 split of the property pool. It is...

Bankruptcy can have significant effects upon family law proceedings and it is not uncommon for the Federal Circuit and Family Court of Australia to deal with property matters involving a bankrupt estate. Bankruptcy Bankruptcy is the process whereby a person cannot pay their debts when such payments fall due. In Family Law proceedings, when a party becomes bankrupt, control of their property and income transfers to the trustee of the estate. However, some property, such as superannuation, household goods, motor...

Family law property settlements can be emotionally charged and complex, often requiring a delicate balance between legal expertise and empathetic understanding. In Cairns, the process of reaching a fair and equitable resolution is often facilitated through mediation. This blog explores the significance of family law property settlement mediations in Cairns, shedding light on the benefits of this alternative dispute resolution method and the unique considerations in this tropical Australian setting. The Importance of Mediation Mediation serves as a crucial tool...

Child Custody Disputes in Cairns In Cairns, the Family Law Act plays a pivotal role in shaping the resolution process for parents embroiled in disputes over their child's parenting arrangements. A crucial step mandated by this Act is the attendance of mediation for parents who cannot reach an agreement on their own. Before initiating an Application for a parenting Order in the Federal Circuit and Family Court of Australia, they must first obtain a Section 60I Certificate, a prerequisite highlighting...

In the picturesque city of Cairns, nestled in the tropical beauty of Australia, understanding spousal maintenance rights is crucial for individuals navigating the complexities of family law. Governed by the Family Law Act 1975 (Cth), spousal maintenance, a legal entitlement for payment, is applicable to both marital and de facto relationships. For married individuals, spousal maintenance can be sought during the marriage and post-divorce, up to 12 months after divorce, showcasing the importance of addressing financial support promptly. De facto...

Cairns, nestled in the tropical paradise of Queensland, is a city that embraces cultural diversity. However, like any other community, it faces challenges, including the risk of international child abduction. In this blog, we delve into the legal recourse and prevention measures available to families in Cairns to address the complex issue of international child abduction. Understanding International Child Abduction International child abduction occurs when a child is wrongfully taken across borders by one parent or guardian without the consent...

The bond between grandparents and their grandchildren is often a source of love, support, and continuity within a family. However, there are instances when grandparents find themselves facing challenges in maintaining this connection, especially during divorce or separation proceedings. In Cairns, as in many other places, understanding the legal rights of grandparents in visitation and custody cases is crucial for ensuring the well-being of both grandparents and grandchildren. Visitation Rights for Grandparents In Cairns, like many jurisdictions, grandparents may seek...

The experience of going through a divorce can feel stressful and overwhelming for many couples. For these reasons, the divorce process in QLD is designed to be as straightforward as possible. To illustrate that the process is not as daunting as it may seem, we have created a step-by-step guide to help you and your spouse navigate the process successfully. BEFORE YOU FILE A DIVORCE APPLICATION, CONSIDER THE FOLLOWING ISSUES What type of application is best for my situation? Before...

When faced with family law matters, finding the right lawyer is crucial to navigating the complexities of the legal system and securing the best possible outcome for your family. In Brisbane, Queensland, selecting the right family lawyer requires careful consideration. Here are some tips to help you make an informed decision: Specialisation in Family Law Look for a lawyer who specialises exclusively in family law. This ensures they have a deep understanding of the unique challenges and dynamics associated with...

Parenting Arrangements in Brisbane As the summer school holiday period comes to an end in Brisbane, Queensland, parents find themselves navigating the complexities of parenting arrangements, especially when their children return to school. Managing this transition requires effective communication, planning, and a focus on the best interests of the child. One key aspect to consider is the importance of open and honest communication between co-parents. Clear communication helps in establishing a solid foundation for successful co-parenting, ensuring that both parents...

Co-parenting dynamics can become particularly challenging when a child expresses a desire not to spend time with one of their parents. Navigating this situation requires sensitivity, communication, and a thorough understanding of family law. Here are some considerations and steps a parent can take when faced with the challenging scenario of a child expressing a wish not to spend time with them. Open and Honest Communication The foundation of any resolution begins with open and honest communication. Create a safe...

If you find yourself in a situation where changing a child's name is necessary but obtaining consent from the parents listed on the original birth certificate proves challenging, you may need to seek an Order from the Magistrates Court. Here's a concise guide to help you through this endeavour. Step 1: Initiating the Process Begin by completing the Originating Application (Form 5), available on the court's website. This form must be submitted in triplicate, accompanied by the required fee. You...

Domestic violence is a pervasive issue that affects countless individuals and families worldwide, including Cairns, Australia. Fortunately, the legal system in Cairns offers protection measures to safeguard victims of domestic violence. In this blog, we will explore domestic violence and protection orders, their significance, and the steps to obtain them in Cairns. Understanding Domestic Violence in Cairns Domestic violence refers to a pattern of abusive behaviour used by one partner to control another within an intimate or family relationship. It...

In Cairns, as in the rest of Australia, the legal landscape has evolved to recognise the diverse nature of modern relationships, including de facto relationships and those involving same-sex couples. Understanding the rights, responsibilities, and legal aspects of these unions is essential. In this blog, we will explore de facto relationships and the recognition of same-sex couples in Cairns, Australia. De Facto Relationships in Cairns A de facto relationship is a domestic partnership between two people who are not legally...

In today's digital age, social media has become an integral part of our lives. While it is a powerful tool for communication and self-expression, it can also have unintended consequences, especially in the realm of family law. In this blog, we will explore the intersection of  Family Law Cases and social media, and discuss what individuals should be careful to post to protect their interests and well-being. The Impact of Social Media on Family Law Cases Social media platforms like...

Cairns, located in the heart of North Queensland, Australia, is a region known for its stunning natural beauty, rich cultural diversity, and thriving tourism industry. But like any other region, it's not immune to the complexities of life, including relationships and finances. In this context, Binding Financial Agreements (BFAs) have gained significant importance in the Cairns region. This article explores why BFAs are essential in this tropical paradise. What Are Binding Financial Agreements? Binding Financial Agreements, often referred to as...

In the complex landscape of family law, the rights of grandparents have become an increasingly important and, at times, contentious issue. Grandparents often play a significant role in their grandchildren's lives, providing emotional support, childcare, and stability. However, when family relationships are strained, grandparents may find themselves facing obstacles in their quest for visitation or care arrangements for the children. In this blog, we will explore grandparents' rights with respect to family law matters, focusing on the issues surrounding their...

In the enchanting city of Cairns, Australia, nestled along the breathtaking coastline of Queensland, the role of grandparents in family life is deeply cherished and valued. Grandparents often form an integral part of their grandchildren's upbringing, providing them with love, care, and a sense of continuity. However, when family relationships become strained or complex, grandparents may find themselves facing a unique set of challenges when seeking visitation or parental responsibility of their beloved grandchildren. In this blog, we will explore...