Category: Family Law

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...

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...

The principals in the legislation QLD are summarised as follows: “The law will take the view that parenting is a responsibility which should be shared and, in most cases, parents will need to consult and agree on the major of issues affecting their children.” “Where both parents share responsibility, consideration will also be given to the children spending equal or at least substantial time with both parents providing that this is practical and not contrary to the best interests of...

Family Law Act amendments from Federal Government The Family Law Act amendments occurred in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements.   The amendments allowed the Court to transfer entitlements in the fund of one of the parties to the other.  The person receiving the benefit of the entitlement in the other party’s fund would keep that entitlement in the fund or roll the entitlement out into a fund of that party’s...

If the marriage separation process does occur. What should you do? A marriage separation process has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship and lead separate lives There are important things that you should consider if marriage separation is inevitable. If there are difficulties in your relationship look for a solution....

“Why should I support my wife/partner after we separate when I actually supported her and provided all our assets throughout our entire relationship.” Unfortunately, you may have a continuing financial obligation to your former partner. The Family Law legislation provides the basis for a Court determining the financial relationship of parties after separation. The relevant factors taken into account are: Length of relationship The longer the relationship the greater the interest of the other party in the assets acquired during...

Is there family violence in your relationship? Are the stresses in your life caused by family violence, drugs or alcohol abuse by your partner? Family violence takes many forms. It is not necessarily verbal or physical violence. Many forms of violence are considered family violence under the legislation: It could be withholding financial support; Preventing you from socialising with your friends and associates; It could involve constant texting or emailing you with issues concerning your family. There are many forms...

James Noble Family Law - A Brisbane Law firm Welcome to Brisbane law firm with more experience than just about any other. Accredited Specialist James Noble has been practicing in the Family Law field for about 40 years.  What he doesn’t know about family law in Brisbane and Australia is not worth knowing. The James Noble Family Law name is changing to reflect the new direction the firm is taking in expanding its law services. Combined with the introduction of...

Is Private Arbitration law for you? Did you know that you can get an impartial, independent decision regarding the division of your relationship property (and even your child custody matters) from an experienced Brisbane family lawyer who can make, essentially, the same decision as a Judge so you can move on quickly? How is Private Arbitration law? Not many people know that there are some very experienced family lawyers in Brisbane (make sure you get an Accredited  Specialist Family Lawyer...