Under the Family Law Act, if your child has been unlawfully taken away from you, you can apply for a Recovery Order. A Recovery Order is an Order of the Court that can require a child (or children) be returned to you. ...
On 18 February the Australian Parliament passed legislation to merge the Family and Federal Circuit Courts into a single Court with two Divisions. What does this mean? That from 1 September, there will be a single entry point for all family law cases and a...
Once Orders have been made by the Court, parties to the Orders are required to follow them. In circumstances where the Orders are not followed, you have the opportunity to contravene that party by filing a Contravention Application. Once the matter has been heard, the Court...
Okay, so I know I can cross borders for changeovers, even hard borders, but what happens during lockdown? Good question! Lockdowns are still parenting agreement friendly and attending handover of children is considered an exemption to the stay at home order. If a changeover visit doesn’t...
Pursuant to the Australian National Employment Standards (NES), all employees are entitled to up to 5 days unpaid family and domestic violence leave each year. This includes full-time, part-time and casual employees. Employees are entitled to 5 days leave from the day they start work. The...
The duty of disclosure is your obligation to provide, to the other party and to the Court, information about your financial position and copies of all documents relevant to the issues in the case. It may be the case that your ex-partner has disclosed documents relevant...
Separation can leave parties wishing they never got married in the first place. Whilst a marriage cannot simply be undone, there are Court pathways to dissolve, or in slim circumstances void, the marriage. In Australia, the single ground for dissolution of a marriage is that the...
With border blockades back on the agenda for most states with the NSW COVID outbreak, we wanted to confirm to everyone that an exemption for travel has always been to facilitate “contact” under a Court Order or Parenting Plan. Even if the hard border between...
The superannuation guarantee in Australia means that for many employed Australians, superannuation interests will accrue even where their other personal assets and financial resources may not. As a result, it’s not uncommon for us to see a client facing a separation where the other parties’ superannuation...
Generally speaking, parenting Orders will remain in place and enforceable unless the parties to the Order enter into a subsequent parenting plan or further Order. ...
