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)...

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...

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...

Pet cases are rare in the family law courts –most of the time lawyers warn their clients not to push the point on the issue of with whom the pet will live. However, to some clients, the ownership of the family pet will be as important,...

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’...

A common question I hear from family law clients is: I have recently separated from my partner and I wish to have equal time with the children.  How do I get equal care of the children? It is not an "automatic right" of the parent to get...

Many family law clients come to their lawyers with incorrect assumptions about their rights, and their ex- spouse's rights after separation. Here are some of the most common myths, questions and answers: Myth 1. "If I move out  I lose my entitlement to the house/  I...

Legal principles applying to family violence: The family law presumption of “equal shared parental responsibility”, does not apply in cases where there is child abuse or family violence The requirement that people attend mediation does not apply if there is family violence or abuse A fear or apprehension...