Category: Family Law

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. [caption id="attachment_17739" align="alignright" width="350"] Spousal Maintenance Rights in Cairns[/caption] For married individuals, spousal maintenance can be sought during the marriage and post-divorce, up to 12 months after divorce, showcasing...

[caption id="attachment_17656" align="alignright" width="300"] Family Law Cases[/caption] 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...

In the intricate and often emotionally charged realm of family law, the well-being and best interests of the child must always be at the forefront. Cairns, like many other places, recognises the significance of ensuring children's voices are heard and their rights protected during family law proceedings. Independent Children's Lawyers (ICLs) play a crucial role in this process, acting as advocates for the children involved. In this blog, we will explore the importance of Independent Children's Lawyers in Cairns Family...

Legal Considerations for Same-Sex Couples in Family Law Matters in Cairns In recent years, Australia has made significant strides towards recognising and affirming the rights of same-sex couples in various legal aspects, including family law. Cairns, a city known for its cultural diversity and openness, reflects these progressive changes. In this blog, we'll explore the legal considerations for same-sex couples in family law matters in Cairns, Queensland. Marriage Equality and Recognition: Cairns, like the rest of Australia, celebrates marriage equality....

As we move into the new year, it is the perfect time to reflect on our personal goals and priorities, and that includes ensuring our legal affairs are in order. One crucial aspect often overlooked is the review and update of family law documents. Whether it is a Will, Power of Attorney, or healthcare directive, these documents play a pivotal role in safeguarding your family's future. Your Will [caption id="attachment_17548" align="alignright" width="300"] Family Law Documents[/caption] A January legal checkup can...

Family court cases in Cairns, Australia, often involve complex issues related to children and parenting matters. In these cases, the role of a family report is pivotal. It serves as a valuable tool for the family court to make informed decisions that prioritise the best interests of the children involved. In this blog, we will delve into the significance of family reports in Cairns family court cases and how they contribute to fair and just outcomes. What Is a Family...

Changes in Family Law Affecting Cairns Residents Family law is a dynamic and ever-evolving field, with regular changes and updates that can significantly impact individuals and families. Cairns, a beautiful city in Queensland, Australia, is no exception to these changes. Recent developments in family law have brought about several important modifications that Cairns’ residents should be aware of. In this blog, we will explore some of the key changes in family law that affect Cairns residents and how these changes...

Understanding Family Law in Cairns: Navigating the Legal Landscape Family law encompasses a wide range of legal issues related to family relationships, including marriage, divorce, parenting arrangements, and property division. If you are facing family law matters in Cairns, Australia, it is essential to understand the legal landscape and the resources available to you. Marriage and Relationship Matters in Cairns  Family law in Cairns begins with the formation of a family unit through marriage or de facto relationships. The Family...

Resources for Perpetrators of Domestic Violence in Brisbane Domestic violence is a pervasive issue that affects countless lives, leaving a trail of physical and emotional scars in its wake. While much attention is focused on supporting victims, it is equally essential to address the root of the problem – the perpetrators. Recognising the potential for change, several resources are available to help individuals who have engaged in domestic violence to break the cycle of abuse and learn healthier ways of...

Client's Duty of Disclosure in Family Law Matters in Cairns, Australia In family law matters in Cairns, Australia, the duty of disclosure is a fundamental legal obligation that all parties involved must adhere to. This duty requires both spouses in a family law dispute to provide full and frank disclosure of their financial circumstances, assets, and liabilities. The purpose of this obligation is to ensure fairness and transparency in resolving family law matters, especially when it comes to property settlements...

[caption id="attachment_17184" align="alignright" width="300"] Mediation and Dispute Resolution in Family Law Matters in Cairns[/caption] Mediation and Dispute Resolution in Family Law Matters in Cairns, Australia Family law matters can be emotionally charged and complex, often requiring a delicate approach to resolve conflicts and disputes. In Cairns, Australia, mediation and alternative dispute resolution methods have gained prominence in addressing these issues. By offering a more collaborative and less adversarial approach, mediation provides families with a means to reach fair and mutually...

THE PROCESS OF DIVORCE IN QLD: STEP-BY-STEP GUIDANCE TO HELP DEMYSTIFY THE PROCESS [caption id="attachment_13405" align="alignright" width="300"]  Divorce Process in QLD[/caption] The experience of going through a divorce can feel stressful and overwhelming for many couples. For these reasons, the divorce process in Queensland 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...

The Psychological Impact of Separation on Children: Offering guidance on how parents can support their children during and after a separation [caption id="attachment_17065" align="alignright" width="300"] Supporting Children Through Separation[/caption] Separation can be devastating for all individuals involved, particularly when there are children in the picture. Extensive social science research demonstrates that the effects of separation upon children can manifest in multiple ways throughout their development. A major life change, such as divorce or a de facto relationship breakdown, can foster...

[caption id="attachment_17000" align="alignright" width="300"] Aboriginal Child Protection[/caption] In representing Aboriginal and Torres Strait Islander children, there are clear and specific issues that the ICL must consider. Foremost of these is section 60CC of the Family Law Act 1975 that specifies that in considering the best interests of a child, the court must consider the child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture (including the right to enjoy that culture with other people who share that...

Family Violence and Abuse Like all practitioners, the ICL is expected to be familiar with the relevant provisions of the Family Law Act 1975, the Family Law Rules, the Family Violence Best Practice Principles of the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. The ICL must also be familiar with other relevant best practice guidelines and where relevant, the protocols between the court and state and territory departments responsible for the investigation of...

Who should be advised? The ICL must file and serve an Address for Service to advise the court and the parties of their appointment. The ICL is to advise all necessary agencies, for example, the Federal Circuit and Family. Court’s Court Children’s Service and the State Welfare Authority, of their appointment. To the extent that such information has not been made available as a result of responses to Notices of Child Abuse, Family Violence or Risk, the ICL is to...

Professional Relationship between a Child and an ICL The child has a right to establish a professional relationship with the ICL. In considering any views expressed by the child and the steps to be taken in a matter the ICL is to be aware: that each child will have different emotional, cognitive and intellectual developmental levels, family structures, family dynamics, sibling relationships, religious and cultural backgrounds; and that children are vulnerable to external pressures when caught in disputes involving their...

GUIDELINES FOR INDEPENDENT CHILDREN’S LAWYERS Endorsed by the Chief Justice (Division 1) and Chief Judge (Division 2) of the Federal Circuit and Family Court of Australia and the Chief Judge of the Family Court of Western Australia. The Purpose of these Guidelines This document is intended to provide guidance to the Independent Children’s Lawyers (ICL) in fulfilling their role. The Guidelines have also been issued for the purpose of providing practitioners, parties, children and other people in contact with the...

Dealing with Parental Alienation [caption id="attachment_16725" align="alignright" width="300"] Parental Alienation[/caption] Parental alienation is the psychological manipulation of a child into showing unfounded fear, contempt or hostility towards a parent that is unjustified. Alienation is certainly a common counter-allegation when accusations of family violence and abuse are made in family law proceedings. The concept of alienation syndrome is quite controversial, and many argue that it does not exist. In fact, it is so divisive that the Office of the United Nations...

Sleeping Arrangements - Parenting Matters [caption id="attachment_16719" align="alignright" width="300"] Sleeping Arrangements : separation with young children[/caption] Going through a separation with young children can be challenging. The child’s age can often be weaponised and used as a way to limit access for the parent that does not have primary care. The age group of 0-4 years is significant in the development of the child’s brain and learning. They form critical attachments and emotional bonds with their caregivers during this time....