When a marriage or relationship breaks down, a typical disagreement between the parties relate 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…
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How the Child’s View Affects Custody Disputes Before imposing an order, the Court will always consider what parenting arrangements are in the best interests of the child. In determining the best interests of the child, any views expressed by the child will be taken into consideration. During this process, the…
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The role of solicitors in Family Law proceedings may not be known the parties before commencing legal representation. In the case of Simic& Norton [2017] FamCA 1007, Justice Benjamin was critical of both parties’ solicitors, describing their actions as fuelling a negative culture of “bitter adversarial and highly aggressive litigation”.…
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Family Court and Vaccinations Whilst many couples have long, happy relationships, there are bound to be one or more serious points of disagreement when it comes to raising children. These issues become more relevant in circumstances where the couple has separated and have different views on how best to raise…
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Parties Wastage Following Separation Usually during cases of divorce or separation proceedings which reach the Court, one party has made the other party’s life very difficult, often causing heated disputes and emotions. Although a party may have been difficult, lied, cheated or has caused the other significant pain, the other…
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Parenting disputes involving high levels of conflict and animosity between the parties often lead to children of the relationship developing emotional, social and behavioural problem in addition to negatively impacting concentration and educational achievement. These conflicts also affect how children view safety and security of their homes, as they often…
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As modern family structures have become increasing complex in today’s society, so too has the threat of parental alienation. Parental alienation occurs when one parent influences the child against the other parent. This usually happens when the both parties are seeing the children on a regular basis but are separated…
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On 30 May 2018 the Government proposed to restructure the existing structure of the Federal Court of Australia. This will have the effect of merging the Federal Circuit and Family Court of Australia (FCFCA) as of 1 January 2019. Resulting from this merge, a new Family Law Appeal Division will…
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Who Keeps the Ring after Separation? One of the big questions couples have after a relationship breaks down is what happens to the engagement ring. The issue of which party has claim to this item can be contentious, with many different opinions based on tradition, morals and conventions. Where parties…
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What Happens to Pets and Animals During Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision…
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