The intervention of an Independent Children’s Lawyer (ICL) is not an uncommon scenario in many Family Courts in Australia. During the course of a parenting matter, the safety and welfare of a child or children may highlight the need for investigation into particular allegations and...
Following the breakdown of a marriage, one or both of the parties may wish to apply for a Divorce. The Family Law Act sets out a number of requirements which must be met in order for the Court to grant a Divorce. Parties must be separated for...
The delicate balance between a child’s right to spend time with both parents and protecting them from any potential risk of harm is often attempted by way of Orders for the child’s time with a parent to be supervised. ‘Supervision’ is provided by an independent and...
It is a well-known principle that, in most circumstances, we are unable to access our superannuation entitlements until we have reached retirement age. Unfortunately, this position is not sufficient to protect superannuation interests during a property settlement. In many families, the super entitlements of one partner are...
Most of us are aware of allegations made by certain politicians regarding gender bias in the Family Courts. The Australian Institute of Family Studies has just released some interesting statistics regarding parenting arrangements post separation and they put paid to some of the more emotional and...
Spouses will at times organise their roles so that one person is the primary income earner and the other attends to the parenting and homemaker duties. Although this division of roles may work during a relationship, when separation occurs this can create a huge disparity in...
The Family Law Act requires parents to make a genuine attempt to resolve disputes regarding arrangements for their children through Family Dispute Resolution (FDR). However in circumstances where there is a history of family violence or children are at risk of harm parents may be...
The process of separation from your partner and divorce is never easy, especially when children are involved. Breaking the news of your separation to children can be an extremely distressing process and due to the heightened emotions it is important that you choose your words carefully...
When we are preparing our clients for mediation it is important that we ask them a number of questions to ensure that they are ready. Some of those questions include: Why haven’t you been able to settle this matter by yourselves? What would help this...
We often recommend to clients that they consider mediation and or arbitration to resolve their matters rather than going to Court. When our Courts are poorly funded and resourced, it is important to consider the risks if you choose the litigation path. Those risks were...
