Family Law Blog

COVID19 | Divorce | Children, Parenting Settlements and Disputes | Child Support |Financial Agreements | Property and Finances | Alternative Dispute Resolution and Mediation | Surrogacy | De facto Relationships | Adoption | Domestic/Family Violence

Latest News

Who are the Parents in a Same-Sex Relationship?

Case Review: Aldred & Warburg [2020] FCCA 2524 (10 September 2020) A recent case of the Brisbane Federal Circuit Court ...
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Caveats in Family Law: proceed with caution

Caveats may be and are often utilised in a Family Law context to protect a party’s interest in a property ...
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Debunking Family Law Myths – Part Two

There are plenty of myths about family law. Some might be true, some might be exaggerations and some might be ...
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COVID19

Is COVID-19 a reasonable excuse for a Contravention of Parenting Orders?

The recent decision in the matter of Kardos & Harmon [2020] FamCA 328 directly addressed the approach to be taken ...
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COVID19 – With NSW Government Orders restricting movement, what happens with my co-parenting arrangements?

With NSW Government Orders restricting movement, what happens with my co-parenting arrangements? The Australian Government has announced further restrictions on ...
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COVID-19 – Surge in Urgent Family Law Cases

The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) are establishing a court list dedicated ...
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How can I sign my Court Documents and still practice social distancing?

Due to new laws and regulations announced by the government to assist in slowing the spread of the Corona Virus/COVID-19, ...
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Family Court Media Release – Statement from the Hon Will Alstergren – Parenting Orders and COVID-19

We are receiving many inquiries from parents and carers about compliance with parenting orders in light of the current unprecedented ...
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The Court Process is Changing due to COVID-19 – What Now?

In a time of increasing uncertainty, Australian Courts are currently changing the way they are dealing with the matters before ...
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Divorce

The many stages in your family law matter

Are you going to Court? The many stages in your family law matter A number of clients start off their ...
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A Simple Guide to Divorce

Fixed Fee Simple Divorce elringtons Lawyers are now offering a fixed fee ‘Simple Divorce’ service priced at $900 plus GST ...
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How much will my Family Law Case cost?

When a client first meets a family lawyer, high among his/her considerations is the question of costs: How much will ...
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Costs in Family Law Matters: Lawyer’s Disclosure Obligations about the Legal Cost

By Carlos Turini The legal cost surrounding a family law dispute is normally a major consideration for the parties involved ...
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So you want to get divorced! 12 Things you need to know

Before you apply for a divorce in Australia you or your spouse must : regard Australia as your home and ...
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Children Parenting Arrangements and Disputes

Will the Court listen to my child’s wishes?

When it comes to parenting matters, I regularly have clients come to me and say “will the Court care about ...
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Children’s Wishes: How the view and interests of the child can be determined and heard in Family Law matters

When it comes to parenting matters, I regularly have client’s come to me and say “will the Court care about ...
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What if my ex is taking drugs?

Sometimes, parties involved in Family Law parenting disputes about a child, raise allegations of a risk to the child presented ...
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Children and Consent to Medical Procedures

Everyday decisions about a child’s health and medical care can be made by either a parent of a child, or ...
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Family Court consent no longer required for treatment of Gender Dysphoria in Children

In the judgment of Re Kelvin delivered in November 2017, the Full Court of the Family Court held that it ...
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Can I change my child’s surname after separation?

Family courts have the power to make parenting orders under the Family Law Act. An order to change a child’s ...
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Child Support

Financial Agreements

Financial Agreements

Binding Financial Agreements (BFAs) AN INTRODUCTION The terms “financial agreement”, “binding financial agreement” or “BFA” are often used loosely by ...
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What is a cohabitation agreement and why should I get one?

What are “financial agreements”, “binding financial agreements” or “BFAs”? The terms “financial agreement”, “binding financial agreement” or “BFA” are often ...
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Bankruptcy and Family Law

We have recently had an increase in family law clients coming to us for advice in cases where their former ...
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When can a Pre Nup be set aside?

FAMILY LAW ACT 1975 - SECT 90K Circumstances in which court may set aside a financial agreement or termination agreement ...
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Pre Nuptial Agreements

The term "prenuptial agreement" is generally well understood.  It may be defined as a legal agreement between two parties entered ...
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Property and Finances

Caveats in Family Law: proceed with caution

Caveats may be and are often utilised in a Family Law context to protect a party’s interest in a property ...
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What is a caveat and how may it be used to protect real estate in family law?

By Gabby Bridger When parties separate, sometimes one or the other must take steps to protect the assets before a ...
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Who Gets the Dog? Pets in Family Law Matters

We love our pets and often they truly are part of the family. So when it comes to the end ...
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How much will my Family Law Case cost?

When a client first meets a family lawyer, high among his/her considerations is the question of costs: How much will ...
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Costs in Family Law Matters: Lawyer’s Disclosure Obligations about the Legal Cost

By Carlos Turini The legal cost surrounding a family law dispute is normally a major consideration for the parties involved ...
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Who is at Fault for Financial Losses in a Marriage?

As a general principle, financial losses incurred by the parties in the course of their marriage or de-facto relationship should ...
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Stamp Duty & Capital Gains Tax Concessions In Family Law Property Matters

By Carlos Turini – Family Law Specialist There are many good reasons why former spouses should formalise legally their property ...
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Family Law: Property Disputes and Settlements

The Full Court of the Family Court some years ago[1] identified  the steps that the Court must follow to decide ...
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Alternative Dispute Resolution and Mediation

Alternative Dispute Resolution – Better Thinking

Carlos Turini talks with Nesh Nikolic from Better Thinking. Nesh Nikolic is a Clinical Psychologist based in Canberra. They discuss ...
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Court should become the last resort for resolving family parenting and property disputes!

The Crisis in the Family Court System There are numerous media reports about the fact that the Family Court system ...
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Family Law Dispute Resolution

Resolving family disputes without going to court! Parties involved in a family law disputes are encouraged to attempt to negotiate ...
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The many stages in your family law matter

Are you going to Court? The many stages in your family law matter A number of clients start off their ...
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To mediate or not to mediate?

Alternative Dispute Resolution in Family Law When it comes to alternative dispute resolution (“ADR”), there is never a 'one size ...
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Family Law – Private Binding Child Support Agreements

By Carlos Turini – Family Law Specialist On occasions, the parents of a child prefer to come to an agreement ...
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Family Law: Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a term that has become commonly used surrounding litigation. In relation to any family law ...
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95% of Family Law matters settle out of court

In the vast majority of cases former spouses settle outstanding matters such as property and children matters between themselves. The ...
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Surrogacy

Assisted Reproductive Technologies and Surrogacy

Unhindered access to Assisted Reproductive Technologies (ART) in recent years has provided an enormous boost to loving families who have ...
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Surrogacy Agreements and Parentage Orders

Earlier this month, surrogacy was thrown into the national spotlight again after a surrogacy agreement in Queensland went sour. Surrogacy ...
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Surrogacy in the ACT

A surrogate is a woman who carries a pregnancy for a person who cannot fall pregnant themselves due to medical ...
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Is a Surrogate a Parent of a Child?

A women who carries a pregnancy for another person is called the ‘Surrogate’. When the child is born, the surrogate ...
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Woman Loses Family Court bid for Baby to Dead Partner

In a recent judgement delivered this week[1], Justice Watts of the Family Court of Australia says he had no choice ...
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Surrogacy – Decisions in the best interest of the child

In June 2011, Justice Garry Watts of the Family Court in Sydney ordered that a Queensland couple were the parents ...
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De Facto Relationships

Adoption

Adoption News

Adoption has been in the news recently with changes to the NSW adoption laws and recommendations for a national adoption ...
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Can you legally adopt someone who is over 18?

Adoption is usually associated with young children, but it is also possible for adults to be adopted. Often, this is ...
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Domestic Violence

Women’s Legal Services Australia Media Release

Safety First in Family Law Plan announced 23 October 2019 WLSA, in conjunction with family violence campaigner Rosie Batty, today ...
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Urgent (and After Hours) Domestic Violence Orders in the NSW

If you are fearful for your physical or psychological safety you may apply for urgent, interim, protection orders, even on ...
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Urgent (and After Hours) Family Violence Orders in the ACT

Urgent (and After Hours) Family Violence Orders in the ACT If you are fearful for your physical or psychological safety ...
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Family and Domestic Violence

The existence of domestic violence in relationships is sadly widely spread in today’s society. The perpetrators and the victims of ...
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Reducing violence against women and their children

Media Release The Government has released research into attitudes that can lead to violence against women. The main research findings ...
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For more information or to make an appointment with a Family Law Solicitor in either our Canberra or Queanbeyan office use our contact form or contact:

Family Law Accredited Specialist Carlos Turini :

e: cturini@elringtons.com.au| p: 02 6206 1300