Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes...

Applying for a passport for a child without both parent's consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially...

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...

Pet Custody Laws in Australia Pet custody cases are rare in the family law courts following a break-up – most of the time lawyers warn their clients not to push the point on the issue of with whom the pet will live. Judges, with backlogs 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...

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...

Paternity in family law disputes Under current law, paternity is "presumed" in the flowing circumstances: If a child is born to a woman and at the time she is married – the child is presumed to be the child of the woman and her husband, subject...