Family Violence in Family Law cases When it comes to family violence, the Court takes these allegations seriously. When making parenting orders, the Court will consider the best interests of the child. The Family Law Act prioritises the safety of children in parenting matters by giving...
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...
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...
Settling out of court after separation – what are your options? Once a train speeds up momentum is run-away- it is very difficult to stop. It’s the same with court cases. In the case of litigation, especially family law matters it really is a case of...
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...
Intervention Orders - What to do if you are served with one Breaching an intervention order is a criminal offence, with a maximum penalty of 2 years imprisonment or a fine up to $24,000, or both Many intervention order matters will arise out of a related...
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...
