Tag: Family Law

Monitoring Spouses and Ex-Partners: Skirting a Fine Line [caption id="attachment_13169" align="alignright" width="400"] Monitoring Spouses and Ex-Partners[/caption] During a breakdown of a relationship or marriage, an individual’s life (both personal and public) are usually retracted from the other party. This can be a strange time for some people, as many parties spend years intentionally or unintentionally knowing the whereabouts and doings of the other party. As this knowledge ceases quite suddenly, it is not uncommon for one party to try and...

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...

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 has different views on how best to raise the child. One increasingly common topic is whether to issue children with Child Vaccinations in Australia. The Argument In recent years, social media contentions around child vaccinations in...

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 ashes of his deceased parents which had been laid in a memorial on the family farm. During the divorce proceedings, the farm had been awarded to the wife. Sentimental Value...

Parental Alienation As modern family structures have become increasingly 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 both parties are seeing the children on a regular basis but are separated and no longer living together. Unfortunately, in most cases, this kind of emotional manipulation is unknown to both the child and the parent before it becomes a serious issue....

Merging of the federal circuit court of Australia On 30 May 2018, the Government proposed to restructure the existing structure of the Federal Circuit 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 be created to specifically hear appeals from family matters of the new court structure. The new structure intends to create a...

Bringing Family Law Matters Urgently As most couples who suffer a breakdown of the relationship or marriage want to sort out the matter as soon as possible, it is common for parties to try and bring proceedings as soon as possible, especially in situations involving children. However, before parties engage with the Court process, it is necessary for parties to attend mediation. Requirement of Mediation Before the Family Court will hear a matter, the parties must attend mediation and obtain...

Some Common Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not. Let’s take a...

How to find the best Family Lawyer for you With so many law firms to choose from it can be a difficult process to choose just the right lawyer for your needs. In this post, we’ll note a few things to be mindful of when deciding on the best family law firm for you. Do They Specialise In Family Law? Some law firms are highly specialized, while others seem to try to cover virtually every possible aspect of the law....

Preparing For A Conciliation Conference? For a conciliation conference, you must exchange information with each other and provide information to the Court before the conference. So that you and your former partner make the best possible use of the conference, In a case about financial issues, each party must have exchanged copies of relevant financial documents with the other parties at least two days before the Case Assessment Conference. If the following documents were not exchanged prior to that conference,...

TAKING IT TO COURT? CONGRATULATIONS! YOU AUTOMATICALLY QUALIFY FOR A FAMILY REPORT. It is inevitable that parents who institute proceedings in the family court involving their children, will if the parenting issues relating to the children are not resolved, be required to attend a conference and consult with initially a family consultant attached to the court, and if the matter proceeds further in the court process with a family report writer. Family reports by a family consultant and a family...

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...

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...

Family Law Arbitrators: Charles Noble and James Noble are proud members of the National body for family law arbitrators and mediators know as AIFLAM. The Institute of Arbitrators and Mediators Australia promotes the attractions of mediation and arbitration as a means of dispute resolution amongst both practitioners and the wider community. Taken from the aiflam website: Aiflam History In 1988 the Family Law Council presented its report ‘Arbitration in Family Law’ to the Commonwealth Attorney-General. The report recommended the establishment of an arbitral...

Understanding; Why should I get a top family lawyer? I wanted to write to you in the summary of the past 6 months, in the hope that it entertains and inspires other clients of yours. Please feel free to post this on your blog or social media channels. I am a 41-year-old male and proud father of one amazing little boy. I am now living with my new partner – happily ever after! Life has just started to settle down...

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...