Family Law Blog

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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Care and Protection Proceedings in the ACT – Part 2

By Gemma Sutherland The child’s best interests In Care and Protection proceedings the Court must always consider the best interests ...
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Care and Protection Proceedings in the ACT – Part 1

By Gemma Sutherland Introduction to Care and Protection Jurisdiction The Children’s Court in the Australian Capital Territory deals with matters ...
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Adoption over 18

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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Family Court consent no longer required for treatment of Gender Dysphoria in Children

By Anya Aidman In the judgment of Re Kelvin delivered in November 2017, the Full Court of the Family Court ...
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baby turtle on beach

Children Travelling Overseas in Family Law Matters – Conditions and Restrictions

By Carlos Turini In family law matters when one parent wishes to travel overseas with a child the situation arises ...
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Who gets the Pets?

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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Children and Medical consent

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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Stages

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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Mountain in Nepal

A Simple Guide to Divorce

By Pheobe Ryan Fixed Fee Simple Divorce elringtons Lawyers are now offering a fixed fee ‘Simple Divorce’ service priced at ...
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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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Parenting Orders, Step Parents and other concerned adults

By Carlos Turini – Accredited Family Law Specialist Sometimes persons other than the parents of a child become involved in ...
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Step by Step: Does a step-parent have to pay child support?

By Pheobe Ryan The biological parents of a child have the primary legal obligation to financially support their child under ...
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Bankruptcy and Family Law

By Anya Aidman We have recently had an increase in family law clients coming to us for advice in cases ...
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What if my ex is taking drugs?

By Anya Aidman Sometimes, parties involved in Family Law parenting disputes about a child, raise allegations of a risk to ...
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childrens wishes

Children’s Wishes: How the view and interests of the child can be determined and heard in Family Law matters

By Anya Aidman When it comes to parenting matters, I regularly have client’s come to me and say “will the ...
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Father and Son playing on beach

Why Should I Get a Parenting Plan?

By Carlos Turini – Accredited Family Law Specialist Parents involved in a family law dispute about a child are required, ...
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Children

Will the Court listen to my child’s wishes?

By Anya Aidman When it comes to parenting matters, I regularly have clients come to me and say “will the ...
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Surrogacy Agreements and Parentage Orders

By Anya Aidman Earlier this month, surrogacy was thrown into the national spotlight again after a surrogacy agreement in Queensland ...
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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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Communication Compromise

Family Dispute Resolution

Resolving family disputes without going to court The family law system encourages parties to discuss and negotiate parenting arrangements and ...
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To mediate or not to mediate?

Alternative Dispute Resolution in Family Law By Anya Aidman When it comes to alternative dispute resolution (“ADR”), there is never ...
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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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A Parent’s Obligation to Pay Child Maintenance for Adult Children

Sometimes, parents are required by Court orders to pay child maintenance to children who have become adults even though they ...
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Someone has to go!

Obtaining an Exclusive Occupancy Order to the matrimonial home By Anya Aidman Sometimes, when a marriage breaks down neither party is ...
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Rainbow Families: Part II

The Road Less Travelled By Anya Aidman As discussed in ‘Rainbow Families Part I’, access to Assisted Reproductive Technologies (ART) ...
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Rainbow families: Part I

By Anya Aidman These days families come in all shapes and sizes. LGBT or ‘rainbow’ families are increasingly accessing Assisted ...
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Family Law - Have the wheels fallen off your relationship?

So you want to get divorced! 12 Things you need to know

1. How long do we have to be separated? Before you can apply to the Federal Circuit Court for a ...
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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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Family Law Disputes Involving Children Pt III

By Carlos Turini – Accredited Family Law Specialist In a family law dispute about children, the court must consider a ...
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Family Law Disputes Involving Children Part II

By Carlos Turini – Accredited Family Law Specialist  In a family law dispute involving children, the court is required to ...
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Family Law Disputes Involving Children Part I

By Carlos Turini – Accredited Family Law Specialist Section 60I Certificates In July 2006, the Federal Government introduced some major ...
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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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Family Law Child Support – The formula

By Carlos Turini – Family Law Specialist The Costs of Children Table is available from the Dept. of Human Services ...
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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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The Family Law Amendment Act 2011

Changes to the Family Law Act 1975 introduced in 2012 are aimed at ensuring that the protection of family members ...
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Questionaire with sometimes ticked

Can Parenting Orders be varied?

When there are existing court orders about the care of children such order may only be varied by a Court, ...
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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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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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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 Partners Now Entitled To Superannuation Splitting Orders

By Carlos Turini – Family Law Specialist In a separate article, De Facto Partners’ Property Disputes Now in the Family ...
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De Facto Relationships: “Contracting Out” of the Family Law Act

By Carlos Turini – Family Law Specialist In a separate article, De Facto Partners’ Property Disputes Now in the Family ...
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Lubbage with pictures

Family Law: Relocation

By Carlos Turini – Accredited Family Law Specialist When a parent moves with a child away from the other parent ...
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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 – Challenging Child Support Assessments

By Carlos Turini – Family Law Specialist In the vast majority of cases, child support is paid by a parent ...
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Family Law – Child Support

How long do you have to support your child? The parents of a child have a duty to support their ...
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De Facto Partners’ Property Disputes

Now in the Family Court Major amendments to the Family Law Act 1975 (Cth) came into effect from 1 March ...
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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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Facebook Can Affect your Family Law Proceedings

Facebook has fast become a phenomenon and is beginning to surface in family law proceedings. Incriminating photos and wall posts ...
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Pre Nuptial Agreements

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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Domestic Violence – An ubiquitous problem in our society

Domestic or Family violence is an ubiquitous problem in our society, its perpetrators and its victims cannot be narrowed to ...
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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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Spousal Maintenance

Spousal maintenance is financial support paid by a party  to their former spouse in circumstances where that party is unable to ...
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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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Family Law: What is Shared Custody?

"Shared custody" is a term that is frequently heard in relation to childrens matters, but what does it mean? Home ...
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Family Law: Paternity Test Request rejected by Court

Best Interests of the Child - The Family Law Principle as applied in one instance On 17 February 2011 the ...
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