Equal Shared Responsibility and Major Long Term Issues

13 Dec
2019

Equal Shared Responsibility and Major Long Term Issues

A typical parenting order made by the Court will involve equal shared parental responsibility. This essentially means that both parents are required to consult each other on the major long-term issues of the children which relate to the order. Whilst the definition of “major issues” is not meant to be…

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04 Dec
2019

Domestic Violence Australia and spousal visas

Domestic Violence Australia & Property Matters The issue of family violence is current governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Domestic Violence Australia and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection…

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25 Nov
2019

When can children decide which parent to live with in Australia?

Can children decide which parents to live with? When determining the living arrangement for children post-separation, parents often wonder at what age can children decide who to live with themselves. It is important to understand there is no one standard age that must be met. The reality of this question…

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18 Oct
2019

Obligations and Rights Under Australian Anti-Discrimination Law

It is unlawful to discriminate against another person who possesses certain attributes in Australia. The federal legislative instruments which govern this area of discrimination law include:- Racial Discrimination Act 1975 Sex Discrimination Act 1984 Australian Human Rights Commission Act 1986 4. Disability Discrimination Act 1992 5.Age Discrimination Act 2004 Collectively,…

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10 Oct
2019

Criminal Law in Family Law Proceedings

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…

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01 Oct
2019

Child Custody Australia and International Law

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…

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23 Sep
2019

Did you ever think about your Child Views on Parenting Arrangements for the 0-4 year age group?

CHILD VIEWS IN PARENTING ARRANGEMENTS FOR THE 0-4 YEAR AGE GROUP 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…

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16 Sep
2019

Solicitors Role in Family Proceedings

The role of solicitors in Family Law proceedings may not be known to the parties before commencing the 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…

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09 Sep
2019

Child Vaccinations Australia and Family Law

Family Court and Child Vaccinations Australia 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…

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30 Aug
2019

Property and Sentimental Value

Sentimental Value in Property Settlement In determining how the property pool is split, the Court has previously highlighted the difficult and sometimes unique circumstances where one party may have sentimental value in an asset. In one particular case, the Husband of the proceedings was given 14 days to retrieve the…

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