Changing Parenting Orders - how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979)...
Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then...
Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset eg for contents of a home you do not rely on the insurance replacement value, but rather second-hand...
Social media and family law: The impact on parenting proceedings One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence...
What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased's causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will...
What is probate of a will in Victoria? These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I'm the executor and I can’t afford the funeral expenses? Am I capable of...
Losing a family member or a loved one is an emotionally distressing time for many people; comprehending the thought of never being able to see them again is enough to deal with. When there is a will involved, families can be torn apart in the midst...
You may have heard people tell you the ‘rules’ about when a relationship becomes a de facto relationship under the law (often from what they hear from friends or read or watch on tv). Many people assume you just need to be living together for 6...
The 2018 case of DODT & ELEI (see below) decided a dispute on this very issue. This was an appeal against a spousal maintenance order. We discuss this spousal maintenance Australian example. Mr Elei had been ordered to pay Ms Dodt $1,450 per week and to cover...
So you finally got some court orders about your child’s right to spend time with you. But what happens when the other parent is withholding the children with excuses and parenting orders are breached? This was looked at in the recent case of Raki & Perez Varela...
Parental alienation seems to be increasing, according to a lot of family law solicitors in Australia. Meaning of Parental Alienation Syndrome What is parental alienation syndrome (PAS)? Essentially, it occurs when one parent influences the child against the other parent, by emotionally manipulating the child. Usually, the...
Are you wanting to relocate with children? How hard is it to relocate children overseas when the other parent opposes? When the courts consider cases on relocation of children, there is usually an extraordinary reason behind the application. However, in the case of Ellis & Murphy [2018] FamCA...
