Family Law Court: Backdating Child Support Applications

Introduction Child support is a payment made by one or both parents to the other to help with the cost of looking after the children. In some situations, it may be paid by one or both parents to another person who is looking after the children. Parents […]

Read more

Family Law: Long Term Decisions For Children

Introduction Making long term decisions for children as well as decisions about the day today care for children is what is referred to in the Family Law Act 1975 (Cth) as “parental responsibility”. There is a presumption under section 61DA(1) of the FLA that both parents have […]

Read more

Video Evidence and Text Messages in Family Law Proceedings

Introduction Video evidence and text message evidence can be admissible in family law proceedings. Depending upon its content, it can be a powerful part of a parent’s case. Relevant Case Law In Jabba & Gade [2019] FamCAFC 14, the Full Court of the Family Court of Australia […]

Read more

Application to Adjourn Family Law Proceedings

Application to Adjourn Family Law Proceedings Introduction An application to adjourn family law proceedings must be based on valid grounds. When considering an application to adjourn family law proceedings, the family court will consider in the contact of the relevant application, its duty to bring an end […]

Read more

Family Court: Interim Spousal Maintenance

Introduction Interim spousal maintenance may be obtained where one party to a former marriage has financial capacity to maintain the other party and that other party has unable to support himself or herself adequately. The other party may not be able to support himself or herself by […]

Read more

Family Law Court: Bias of a Judge

Introduction Bias of a judge against a party is a serious concern where a party perceives that bias is at play. A party may perceive that there is bias, sometimes referred to as “apprehended bias”, resulting from a trial judge’s conduct throughout proceedings. It is fairly uncommon […]

Read more

Parenting Cases and Contravention Applications

strong>Introduction A contravention application made by a party in a family court matter arises where one party is claiming that the other party is in breach of final Orders. When parties agree final consent orders setting down arrangements for the care of their children or instead go […]

Read more

Family Court Application & The Court’s Role

Introduction In family court applications, parties sometimes believe that the Court will make a decision based upon the application of the party that the Court prefers. It is important however to understand the role of the Court in reaching a final decision whether for parenting arrangements or […]

Read more

Separation: Changing Child’s Name

Introduction Family Lawyers are often asked by parents (usually, the primary caregiver for a child) about their ability to change their child’s surname, after separation or divorce.   As with matters relating to the child’s education, religious upbringing and health, a child’s surname (and any change made […]

Read more

Impact of Family Violence on Property Settlement

Many factors are taken into consideration when making orders for property division, but can a history of domestic violence towards your partner or children impact the final outcome? If the Court is convinced of Domestic Violence  in the marriage, it is likely to consider it while determining […]

Read more
Page 1 of 2312345...1020...Last »