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...
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 in Australia To see how the Family Law Courts treat parental alienation, here is a summary of a case recently decided where custody was changed: (Lankester & Cribb [2018] FamCAFC 60 (6 April 2018) This was a case of severe alienation of the child against the...
Can you use recordings in a family law dispute? The use of smart phones has made it easier for parties in family law proceedings to secretly obtain audio and video recordings as evidence to be used in their family law cases Each of the States...
Use (and abuse) of social media is becoming more prevalent in court cases including in family law cases. Evidence in Court Cases Evidence obtained via social media is becoming increasingly common in family law proceedings. Evidence obtained from sources such as Facebook and Twitter can sometimes provide...
If you are looking at moving abroad with your child after divorce then this blog is for you. What happens when the parents are separated and don't agree? The High Court of Australia has recently confirmed that children’s wishes although relevant, are not the only deciding factor in...
Help! My ex-partner has kidnapped our child! Will the police help? The short answer is no. Clients often come to us stating that their partner has taken the child and that the police won’t help. In most instances a parent taking a child is not considered ‘kidnapping’...
Many new clients ask: Do I really need to get a lawyer to come with me to Court? You can certainly represent your self and and probably should do so to save the money if the stakes are not high eg: dispute over a parking ticket...
A binding financial agreement or prenup as the casual term, is an written agreement between two parties setting out the assets, liabilities, property and other financial information of how it will be divided should there be a relationship breakdown. Binding financial agreements can be made before,...
Can a family violence intervention order be appealed? If an Intervention Order was made against you (or you wanted one made against the other party but were not successful) you can appeal that Magistrates Court decision but you need to ensure that this is done within...
Some tips on Court Etiquette and what to do whether or not you have a lawyer...
