As family lawyers we know that separating from your partner can be one of the most stressful periods in your life. You may be feeling hurt, betrayed and perhaps even angry. As your lawyer part of our job is to provide a necessary barrier between you...
Thanks to the decision in Mason & Parsons and Anor [2017] FamCA 789, that question is a little easier to answer now. The Family Law Act 1975 (Cth) does not exclusively define the definition of “parent” and in this case, the Court was required to determine...
A common question we get asked is, “when can my child decide for themselves” who they live with? Parents are often surprised when our response is “not until they’re 18”, and strictly speaking this is correct in most circumstances. Where a child is under 18, there...
Surrogacy is an arrangement where a woman agrees to carry a baby for another person or couple. Surrogacy laws in New South Wales have only been around since 2006 which means in legal years, it’s very much still a newborn! Who can be a surrogate? Under...
Binding Financial Agreements are a contract between two or more people that is compliant with the Family Law Act 1975 (Cth) and will usually outline how parties will manage the division of their assets, superannuation and/or spousal maintenance. Binding Financial Agreements can be entered into...
We are very happy to welcome solicitor, Sacha Mastras to the team at Merridy Elphick Lawyers. Sacha completed a Bachelor of Laws and Bachelor of Arts in 2008 through the University of New England and was admitted as a solicitor in the Supreme Court of...
The hearing is over, the Judge’s decision is handed down and the Court Orders are made. But what if you don’t like the decision? What options do you have to appeal a decision? Appeals in the family law jurisdiction are not something to take lightly. The...
A common concern raised by family law clients is the cost involved in obtaining advice and drafting agreements into binding Orders. Clients sometimes also wonder if it is even necessary to obtain legal advice about parenting and property matters. If you and your former partner are...
We recently came across this article by the Sydney Morning Herald, published February 20, 2017 by journalist Matthew Knott which explains how the court system allows domestic violence perpetrators to continue abuse. Click here to read the article....
Simply put, no. A standard child support assessment is based on a child attending a state school. In special circumstances however, a party can apply for a change of a standard child support assessment to include provisions for private school fees. Section 117(2)(b)(ii) of the Child Support...
