At James Noble Law, we understand how emotionally challenging parenting disputes can be. When relationships break down, it’s not uncommon for both parties to have differing views about what is in their child’s best interests. There is a conception within society that courts are the first stop in attempts to resolve issues in parenting matters. This is not the case as before turning to the courts, Australian family law requires that separated parents attempt to resolve their issues through alternative...
No Need to Prove Fault for Divorce Despite what you may see on television shows, movies or in the media, there is no need to prove that a party to a marriage was ‘at fault’ for a relationship breakdown. It is a common misconception that if one party’s behaviour contributes to the relationship breakdown, the other spouse will receive a more favourable outcome in the property settlement or parenting arrangements. Put simply, the actions of one party in contributing to...
A Guide to Effective Communication and Collaboration The end of a relationship or marriage is undoubtedly a challenging time, especially when children are involved. In Australia, Co-Parenting After Divorce or Separation requires a significant amount of cooperation, understanding, and communication between former partners. While it may seem daunting, with the right approach and mindset, co-parenting can be a positive experience for both parents and children alike. In this blog post, we'll explore the essential aspects of effective Co-Parenting After Divorce or...
Am I eligible to commence divorce proceedings? Divorce proceedings can be initiated in Australia if either you or your spouse: is an Australian citizen; is domiciled in Australia; or has been ordinarily resident in Australia for the past three years. For the purposes of family law proceedings in Australia, ‘ordinarily resident’ means that someone has voluntarily chosen to live in Australia for a settled purpose. If there is a relationship breakdown, you or your spouse may apply for a divorce,...
In the scenic coastal city of Cairns, Queensland, where lush rainforests meet the crystal-clear waters of the Coral Sea, life unfolds amidst a backdrop of natural beauty. However, even in this idyllic setting, families may encounter challenges that require legal intervention, especially in matters concerning parenting disputes. Family law disputes can be emotionally taxing and legally complex, but with the right guidance and understanding of the legal framework in Cairns, parents can navigate these challenges more effectively. Understanding Family Law...
What are Consent Orders? A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties after separation about parenting and/or property matters. A parenting order will only become legally binding if deemed to be in the best interests of the child. As a legally binding Order, each person affected by the Order must follow it. A parenting order deals with a range of issues, including but not limited to: Who the child will reside with; How much time the child...
From 1 September 2021 the Federal Circuit Court and Family Court of Australia has implemented new Pre-Action Procedures that must be adhered to and followed prior to anyone commencing Court proceedings. The aim of the Pre-Action Procedures are to give the matter a chance at resolving amicably before the pathway of litigation is commenced. The new Pre-Action Procedures are set out in Schedule 1 of the Federal Circuit Court and Family Court Rules 2001 and include the following: Providing the...
Unfortunately, statistics are on the rise for family violence in contemporary Australian society, with studies determining that individuals are most at risk at the time of or shortly following separation. Usually this is as a result of increased stress, financial pressure and uncertainty surrounding the family breakdown. The uncertainty of parenting arrangements yet to be determined and property settlements that are not yet resolved can cause heightened emotions. Family violence in Australia can take on many forms. Commonly it includes...
In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is decided depending on it’s own circumstances and there are a number of considerations the Court takes into account. These considerations are broken down into “primary” considerations and “additional” considerations. The...
Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? The mediation certificate is also known as a Section 60I Certificate and is issued by registered family dispute resolution providers in the following circumstances: To confirm both parties attended mediation and made a genuine effort to resolve the dispute; To confirm both parties attended mediation but one party did not make a genuine effort to resolve the dispute; The practitioner...
On 1 September 2021 the Family Court of Australia merged with the Federal Circuit Court of Australia. The new Court referred to as the Federal Circuit and Family Court of Australia has a primary aim to finalise 90% of property or parenting matters by way of providing a final judgment and decision within 12 months of filing an Initiating Application. For years, the Family and Federal Circuit Court’s have been overworked, understaffed, and plagued by constant delays and adjournments of...
Covid-19 and Family Court of Australia With Melbourne currently in the midst of yet another lockdown as a result of the recent spread of Coronavirus, it’s important to know that the Courts remain up and running throughout this period. Did you know that there is a special dedicated COVID-19 Court List within the Family Court of Australia and the Federal Circuit Court of Australia? The COVID-19 List operates to deal exclusively with urgent family law matters that have arisen as...
About The Lighthouse Project effect in Brisbane The Lighthouse Project came into effect in the Brisbane Registry of the Family and Federal Circuit Court of Australia in early 2021. It is a pilot program designed to assist the most vulnerable participants in parenting matters with concerns as to family violence, abuse or neglect, substance issues, and other safety issues. Why The Lighthouse Project? The main aim of The Lighthouse Project is to identify risk and provide parties with additional support...
