How can I force my ex to look after the children more? In short, you can’t. The Court will enforce an Order on a parent’s application to spend time with their child where the other parent resists, however, the Court will not impose a parenting...
Are there time limits I need to know? A parenting application for Parenting Mediation needs to be filed within 12 months of Family Dispute Resolution. For property settlements, an application for property settlement must be filed within 12 months of divorce for married couples or within 2 years of separation for...
Is 50/50 parenting always the outcome? No, not necessarily. There are many factors the Court consider in determining what the outcome is in a parenting matter, with the primary consideration for the Court being that the outcome must be in the best interests of the children. There are age considerations,...
When can I divorce? You are able to apply for Divorce the day after you have lived separately and apart from your spouse for 12 months. If you have not lived apart for 12 months but have been separated even whilst remaining living together, as...
Will I only see my children every second weekend? It is highly unlikely this would be the outcome. Whilst prior to the shared parenting regime coming in with the 2006 family law amendments, every second weekend would be the norm for the “non-resident” parent. Since...
Over the next few posts, we will offer a Q & A on some of the most frequently asked questions in family law. Do I have to go to Court? No, no one has to go to Court to resolve any aspect of their family law...
This is a compulsory step before a parent can commence proceedings for Orders relating to their children and the arrangements for who they live and spend time with. Family Dispute Resolution (FDR) is not required in every matter and often parents can come to their own...
Conduct is not usually considered by the Court in deciding how to do property settlement between parties to a marriage or de facto relationship. There is case law which has determined that extensive abuse can be considered in adjusting in favour of the abused party. The...
The Strahan’s (not their real name) have finally finished their 14 year long legal battle through the Family Court. They were only married 12 years and spent longer than that in Court. Sure, there was a multi-million-dollar asset pool to fight over but even Mr and...
Superannuation can be a component of a property settlement which causes problems between the parties. Often one party’s super balance is as large if not even larger than the non-superannuation assets available for division. On the one hand the person with the superannuation usually wants to...
