Category: Brisbane Family Lawyer

Family law rules disclosure - You must need to know You must know the Family law rules disclosure In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The duty of disclosure family law is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case.  Learn more from Family Law act. Family law rules disclosure -...

Working Remotely with The Best Law Firm Australia,  ain't no joke! To successfully start working remotely for the best law firm in Australia, it is imperative that you have excellent Workplace Communication in place. Communication is especially important in the workplace; this is what drives increased productivity, improves morale and efficiency. It helps foster an excellent working relationship between you, your boss, and your colleagues. Therefore, at James Noble Law we start the day with a Microsoft Teams meeting and...

As with many professional services sectors, law professionals generally really only sell their time. And, as we all know very well, time is money. So if you are searching for legal advice the family lawyer cost can be higher depending on the expertise level of your attorney. In the interest of saving everyone time (and money), we've compiled a shortlist of items to consider if budget is a factor (and let's face it that it probably is!). Keep these in...

Preparing an Airtight Binding Financial Agreements Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreements requires the parties to disclose their financial position, provide reasonable time to consider the agreement and obtain independent legal representation to avoid any undue influence or pressure on the other party. This document effectively allocates assets and other financial resources...

Financial Settlement issues What Happens to Home Loans, Mortgages, and Properties After Divorce? One of the biggest concerns of parties whose marriage has broken down is what happens to financial settlement resources and debt during this process. When it comes to matrimonial assets, one of the main considerations is whether the party who resides in the main property has the capacity to maintain the residence during interim and final proceedings. Whilst it is important that the matrimonial home is maintained...

What is a Parenting Plan? A parenting plan is a plan which puts the best interests of the child first. It is your and your partner's commitment to your children and their future. A parenting plan is a written agreement between parents under practical issues of parental responsibility. What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending...

HELP! I've Got An Executor Dispute: Can I Remove an executor of a will? It is not uncommon for clients to raise they are frustrated with how the executor of a will is administrating a deceased person’s estate. These complaints typically arise from beneficiaries to a Will, being the category of person who benefits under the will. Before dealing with these issues, it is necessary to understand the nature of the executor of will, their position, and the responsibilities this...

What are family report writer interview questions, Examples, Recommendations, and Interview What is Family Report? Before talking about family report writer interview questions, let's talk briefly about Family Report. A family report is a document written by a court-appointed family counselor. It provides an independent assessment of the issues in the case and can help the trial judge decide on child / rental arrangements. This can help the parties reach an agreement. What does a family report writer do for...

How to Obtain an Australian Child Passport for My Child After Separation? Before obtained an Australian Child Passport, the Passport Office requires the child’s parent or any other person with parental responsibility to provide written consent to the passport being issued. Therefore, the easiest way to obtain an Australian Child Passport is to receive consent from the other parent. However, this will not always be possible. In circumstances where the other parent refuses to provide written consent or does not...

What should you do if Family Law Matter makes Delay? Merging Family Courts and Early Senate Reports The current structure of the Family Court of Australia and Federal Circuit court of Australia have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be frustrated, and rightly so. The planned merging of the Family Court of Australia (FCA) and...

What is the family law act 1975? Family law act 1975 is the Laws relating to marriage and divorce and the reasons relating to marriage and with it and otherwise the financial responsibility of the parents of the children and the de-facto relationship and some other matters relating to divorce. What is the purpose of the Family law act 1975? The Family Law Act 1975 focuses on the rights of children and the responsibilities that every parent has towards their...

Online Divorce Application Options What Happens If My Ex Won’t Sign the Divorce Papers? Divorce can be a very difficult time in both parties’ lives. But here you can find a better solution for Online Divorce Application. Sometimes after the breakdown of a marriage, one party has difficulty in accepting this fact and may refuse to sign divorce papers. Other situations might involve a controlling ex-partner or parties who believe they will get back together. For whatever reason, if the...

Do Grandparents Have Legal Rights in Australia? Grandparents rights qld in Australia: The Family Law Act states the importance of children having a relationship with grandparents and other significant family members. Although The Family Law Act ( GRANDPARENTS EXTENDED FAMILY ) does not give Grandparents rights to see their grandchildren, it does provide the right to seek Court Orders which would allow them to spend time with the children. In some situations, the orders sought from the Court may include an...

Can Family Court Make An Order In Relation To An Unborn Child? No! The Family Court is powerless to make orders prior to the birth of the child. As a family lawyer, I often receive inquiries from soon-to-be fathers wanting to know their rights in relation to their unborn child. In a recent matter, the father gave instructions in relation to his partner’s pregnancy. The expected date of birth of the child was three weeks from the date I received...

Who Is Responsible For Payment of School Fees and Extra-Curricular Activities Post Divorce? A major concern amongst parents who have children under their care is the payment and costs associated with extra curricular activities. As sport, music, dance, and other similar activities are popular with children of all ages, the costs associated with these can be quite significant over a long period of time. Unlike child support payments which are determined upon set criteria and formula, non-periodic payments associated with...

Social Media Feuds: How It Can Affect Your Family Law Matter Almost 11 Million Australians will use Facebook over the course of 2019. Like most people, Facebook is used as a platform to share your thoughts and experiences or listen to others. As such, it is not uncommon to across someone who has a frustrated or even angry view on a particular event or experience. Whilst this is often though of as a cathartic process, your electronic communications can easily...

Domestic Violence in Australia & Property Matters The issue of family violence is currently governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Domestic Violence in Australia and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm when determining the child’s best interests; Changing the definition of ‘Family Violence’ and ‘Abuse’ to reflect a modern understanding of the terms; Providing a wider scope...

Family Law Proceedings in Australia When a marriage or relationship breaks down, a typical disagreement between the parties relates to the arrangements of the children, including where they live, attend school and spend time with. These issues may be further complicated if one parent wishes to relocate as a result of family violence, abuse, or other major issues. If disputes of this nature are unable to be resolved through preliminary mediation or dispute resolution, parents may need to apply for...

The Impact of Criminal Law in Family Law Jurisdiction Criminal Law in family law: Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to the effect of section 61DA(2)(B). Effect of Family Violence Orders on Parenting Orders The Family Court may enforce a Family Violence Order against a parent of...

Biggest Issue on Child Custody Australia Child Custody Australia has One of the biggest issues facing Multi-national Australian families is parenting arrangements and custody of children. The 2011 Census suggests nearly half of the Australian population has one parent who was born in another country. As Australia has one of the highest intermarriage rates and divorces in the world, this often leads to international child custody disputes. Under Australian law, the Family Court will not allow one parent to move...