Moving to a new home is a significant change for a child, especially for children involved in family law matters. In this blog, we look at how child relocation is considered after separation or divorce and the different options available to parents for reaching an outcome in their child’s best interests.
Where a child lives and which parent they live with is one of the most difficult issues for separating families. If family law proceedings have begun, the Court can make orders determining a child’s living arrangements, including the overnight time they spend at each parent’s house.
Like any difficult situation, some people use social media as a platform to vent their frustrations and share their thoughts. However, in family law proceedings, the way you behave on social media can affect your matter and how you present to the Court.
The Family Court has multiple specialised ‘lists’ where family law matters are heard. The Magellan List is one of these specialised lists which offers a focused case management pathway for the cases which involve the most vulnerable children to ensure that they are dealt with as effectively and efficiently as possible.
In family law parenting matters, the Court can make parenting orders about how your child moves between their time with one parent to the other. This process is called ‘changeover’. Court orders may include where changeover is to take place and at what times.
In family law matters, the law treats financial agreements made between all separated couples the same, regardless of marital status. We explore the purpose of financial agreements in family law, and importantly, how to make them legally binding.
When the issues in question are as important as your children, wellbeing, or home, it is important that you are at the forefront of the decision-making process. Mediation is one of several alternative dispute resolution processes in family law which can provide a forum for both parties to negotiate their options and reach an agreed resolution.
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
Search orders are a type of court order that allows one party to search premises related to another party to locate and seize specific documents or other evidence related to a family law matter.
If you’re worried that your child may be taken overseas without your consent, and there are parenting orders or a court application on foot, your child can be placed on a list known as the Family Law Watchlist (formerly called the Airport Watchlist).
When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.