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A common question asked in Family Law is who is legally entitled to the matrimonial home during separation?  It is not as simple as one party kicking the other party out of the home. What be done if the property is in your name or What if the property is owned by both parties?  Property which is part of a Family law dispute has different rules to commercial and property law. Family Law the possession and ownership do not have...

Can I Take My Child Overseas Without Telling My Partner? Traveling with a child overseas is usually a decision for both parents to make, if they share parental responsibility for the child or if there are Court Orders in place.  Both parents are typically required to sign Passport Applications for their children. Parents should attempt to reach an agreement amicably about such travel decisions and consider attending family dispute resolution in the event that a disagreement arises.  Studies have shown...

Independent Children’s Lawyer (ICL) So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter. What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of...

Greater Support for Domestic and Family Violence Survivors in Queensland Queensland recently announced that a new pilot allowing the use of police body-worn camera footage in Court for domestic and family violence victim-survivors will be established under the Evidence and Other Legislation Amendment Bill 2021. Essentially, video statements taken by trained police officers will be admissible as a survivor’s evidence-in-chief in criminal proceedings for a domestic violence offence, including breaches of domestic violence orders. The pilot stemmed from the recommendation...

Divorce and Property Settlement: Can you do one without the other? It is a common assumption that parties have that you can not reach a financial settlement without being divorced and this is simply not true.  For parties to reach a property settlement you and your spouse do not need to be divorced. Securing a divorce and obtaining a property settlement are considered two separate matters for example, a divorce is an Order which is made by the Court which...

Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...

Child Support Act and Family Law Child Support Act, It is commonly recognized that both parents have a financial obligation to contribute towards the cost of raising their child. The national Child Support Agency under Services Australia is responsible for delivering the child support scheme in addition to regulating, collecting, and administering child support services. They are your first point of call for any child support queries you may have.  In Australia, the relevant child support legislation is encapsulated in...

Understanding Spousal Maintenance and how it works? In property settlement matters some parties may be seeking that their partner makes a lump sum payment or for a particular period of time make ongoing payments by way of support.  It is important to understand that even if you do not have children with your former partner, you still may be required to pay to them a sum of monies (either in a lump sum or ongoing), which is known as “Spousal...

Change Your Child's Surname Changing a child’s surname post-separation is a common occurrence in family law. The process is relatively straightforward if both parents agree. However, it becomes complicated when one parent wishes to change a child’s surname post-separation and the other parent opposes such change. In parenting matters, the Court must apply a presumption that it is in the best interests of the child for the parents to have equal shared parental responsibility in relation to major long-term issues...

Costs In Family Law Proceedings Family law litigation can be incredibly stressful, time-consuming and expensive where there is a lack of communication or trust between the parties. The usual procedure involves each party bearing their own legal costs. In some circumstances, the Court can make an Order that one party pay another party’s legal costs, but this is not standard and is never guaranteed. Costs Orders are usually made in limited circumstances where a party has deliberately breached Court Orders,...

Critical Incident List The Federal Circuit Court and Family Court of Australia implemented a new Court process referred to as the ‘Critical Incident List’ as of Monday 6 June 2022 which was rolled out in all states and territories excluding Western Australia.  The Critical Incident List aims to expedite the Court process for vulnerable families that need to make urgent arrangements for children where no parent is available due to circumstances such as death (including homicide or suicide), critical injury...

Maintaining Child Support in Australia A Party in Australia may apply to vary an overseas maintenance order, agreement or liability registered in Australia. ‘a child support maintenance order made by a judicial authority of a reciprocating jurisdiction’ Matters to be taken into account in considering financial support necessary for the maintenance of a child. The relevant sections of the Family Law Act In considering the financial support necessary for the maintenance of a child, the court must take into account...

When an expert is appointed for The Single Expert Report In family law matters, parties often cannot agree on the value of assets such as real property or businesses during their property settlement. In these circumstances, the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 require the parties to obtain an independent expert report to determine the value. Pursuant to the Rules, the parties may agree to jointly appoint a single expert witness, or the Court may,...

Child Impact Report vs Family Report – What’s the Difference? If you are involved in a litigious parenting matter concerning the future care arrangements for your children, it is likely that you have heard the terms ‘Child Impact Report’ or ‘Family Report’.  Both documents constitute an independent expert opinion provided to the Court by a suitably qualified Child Court Expert, Psychologist, or Social worker, after a review of court documents and interviews with the parents and children. They are incredibly...

Relocating overseas INTRODUCTION The Appeal Court of the Family considered an appeal from parenting orders made by a judge of the Family Court of Australia concerning a child who was born in 2011. The mother sought orders for the child to live with her in an overseas Country. The mother’s application was opposed by the father who sought orders for the child to live with him in Australia and spend time with the mother after she relocated. An Independent Children’s...

The infamous defamation trial instigated by Johnny Depp against his ex-wife Amber Heard has concluded, with Mr Depp being awarded $15 million in damages. However, punitive damages cannot exceed $350,000 in Virginia meaning that Johnny Depp will receive a total of $10.35 million. Separately, the jury ruled in favour of Amber Heard on a countersuit of defamation, with Ms Heard being awarded $2 million in damages. According to Michael Bradley of Marque Lawyers, the trial was conducted “like a circus”....

What is coercive control in Queensland? The Queensland Government has announced that the State will introduce legislation to make coercive control a criminal offense by the end of 2023. The overhaul of laws and practices to better protect Queenslanders from domestic and family violence and hold perpetrators to account also includes: New programs to recognize and prevent coercive control; Commission of Inquiry into police responses to domestic and family violence; Expansion of the Domestic and Family Violence Courts; Better support...

What is Gender dysphoria? A concept designated as clinically significant distress or impairment related to a strong desire to be of another gender, which may include a desire to change primary and/or secondary sex characteristics. Not all transgender or gender diverse people experience dysphoria. Gillick competent: The legal test is used to determine if a child is capable of giving consent when he or she “achieves a sufficient understanding and intelligence to enable the child to understand fully what is...

Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...

For a Successful Mediation  Mediation is a form of Alternative Dispute Resolution (ADR) where parties can negotiate the property and or parenting terms of their separation outside of the Court.  Mediation can be cost-effective, efficient, flexible, and is a viable alternative to Court proceedings.  Attending the Mediation  The mediator prior to the mediation is selected by either or both of the parties and is a qualified, independent, and impartial third party.  The parties which are in dispute must attend the...