My child has been taken from me – what can I do?
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 t...
30 August, 2021
News
Court Merger
On 18 February the Australian Parliament passed legislation to merge the Family and Federal Circuit Courts into a single Court with two Divisions. Wha...
23 August, 2021
Contravention Orders
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 ha...
16 August, 2021
Co-parenting arrangements during lockdown
Okay, so I know I can cross borders for changeovers, even hard borders, but what happens during lockdown? Good question! Lockdowns are still parenting...
09 August, 2021
Are you Entitled to Domestic Violence Leave?
Pursuant to the Australian National Employment Standards (NES), all employees are entitled to up to 5 days unpaid family and domestic violence leave e...
09 August, 2021
I am suspicious about my ex-partner’s disclosure – what should I do?
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...
26 July, 2021
Marriage regret: Nullity vs Divorce
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...
19 July, 2021
Parenting matters and COVID border issues
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 ha...
12 July, 2021
Superannuation – how much do they have?
The superannuation guarantee in Australia means that for many employed Australians, superannuation interests will accrue even where their other person...
28 June, 2021
Can I change my parenting Orders?
Generally speaking, parenting Orders will remain in place and enforceable unless the parties to the Order enter into a subsequent parenting plan or fu...
19 June, 2021
Separation Under One Roof
When two parties separate, it is not uncommon for them to remain living under the same roof. Whilst you are not living separately and apart, this does...
15 June, 2021
Suffering from Domestic Violence? Here’s what you can do.
Domestic Violence is governed differently from state to state, however all centre around ensuring there is provisions in place wherein the perpetrator...
12 June, 2021
Family Law Arbitration
Parties have the option to progress their matter to arbitration, which can expedite final resolution in a fraction of the time as if the matter had pr...
07 June, 2021
Your child’s wishes in parenting disputes
The children’s wishes are one of the many factors the Court must consider when they are determining what parenting orders are in a child’s best in...
04 June, 2021
Parenting Order Breaches
When a Parenting Order is made, each party affected by the order must comply and follow it. If a party does not attempt to comply or deliberately fail...
18 March, 2021
Your right to property
Whether it be a marriage or de facto relationship, determining how to distribute your property and assets after a relationship breakdown can be stress...
09 March, 2021
When should I seek legal advice?
The earlier you seek legal advice after a separation the better. If legal proceedings are to be commenced, the more time your lawyer has to prepare fo...
03 March, 2021
Caveat
Improperly registered caveats are fertile ground for litigation and costs being awarded against parties wrongly registering same. ...
24 February, 2021
Just settle!
Settlement options should always be explored at every step of a matter and even where a mediation does not succeed, that should not be the turning poi...
15 February, 2021
Coercive Control
Coercive control is a form of domestic violence. Acts of intimidation, humiliation and threats to individuals are all types of coercive behaviour.&nbs...
09 February, 2021
And my Spousal Maintenance?
We often see cases where the non or lesser earning spouse wants their cake and eat it too (almost makes sense). Spousal maintenance and the factors to...
03 February, 2021
It’s not my fault!
No fault divorce has been “a thing” since the introduction of the Family Law Act in 1975. This means, unlike in some other count...
28 January, 2021
Doyle’s Guide 2021 Leading Family Law Listings
We are very humbled and proud to once again be recommended lawyers in our field, nominated by our peers....
27 December, 2020
Facebook Diatribes (Diaries)
Facebook is not the appropriate forum to “dear diary” post about your divorce. Any post which names your former partner or identifies the ...
15 December, 2020
Is my DV Order going to prevent me from seeing my kids
It is a factor taken into account in deciding a parenting matter in the Family Law Courts, however the Court are not prevented or limited in deciding ...
02 November, 2020
What if I don’t want to Divorce?
Only one party to the marriage needs to proceed with a divorce and there’s no requirement to “prove” fault or provide a reason for the irreconci...
10 October, 2020
But it’s my Business!
No, sorry its “ours”. All property, including businesses, corporate interests and self-managed superannuation funds, whether held with oth...
30 September, 2020
One Size Fits All?
Just because the legislation says the Court must first rule out an equal parenting regime, doesn’t mean it will suit all families....
26 September, 2020
Short Relationships are easier to settle, right?
Quite the opposite in fact. In short relationships, especially where there are children, the initial financial contributions are extremely relevant....
26 September, 2020
Age Difference in Siblings
Gaps in age between siblings is often an impeding factor on being able to resolve a parenting matter, as a child(ren) may not be primarily attached to...
09 September, 2020
Contributions – is that all that matters?
No, not at all, in fact one of the recommendations of the recent Law Reform Commission Report titled Family Law for the Future, suggested there be a b...
31 August, 2020
Be careful who you gift to
In a recent case from the Family Court of Appeal, the Court decided that it was a joint contribution by the parties of significant land holdings being...
18 June, 2020
Caveats
Not usually necessary or even recommended in family law cases, given the ramifications of lodging one and damages flowing. ...
04 June, 2020
When’s the right age to travel
There is no set age a parent is able to travel internationally with their child/ren and indeed the Court when considering an Application by one parent...
04 May, 2020
Bad Bargains
If a family law litigant is not “happy” with their negotiated settlement, there are limited options for them to reopen or reagitate for a “secon...
21 February, 2020
But if we agree why can’t we have Consent Orders?
Well, unfortunately it’s not that simple. Whilst Consent Orders are the cheaper and simpler option for resolving a property matter and a more bi...
14 February, 2020
False Promises
Unfortunately for some of our clients in recent months, they have been left to wait for lengthy Court delays to have their parenting matters heard. Th...
11 February, 2020
Pre-Nup Timing
A difficult subject to broach oftentimes, however an important one for people who have children from a prior relationship or where there is a consider...
31 January, 2020
Comprehensive Parenting Orders
“We can sort out those details later” – famous last words spoken by several of our clients in the past. Nothing should really be lef...
21 January, 2020