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Family Law Articles
Family Law - Child Support
Child Support – how much will I receive or have to pay?
The concept of child support stems from the principle that each parent of a child has a duty to maintain their child. Where parents are separated, either the mother or the father can apply to the Child Support Agency (‘the CSA’) for a child support assessment. This assessment is the process that > Read More
How can I have my Child Support Assessment reviewed?
We often have clients asking whether it is possible to have an assessment made by the Child Support Agency reviewed. We have outlined below the way in which this can be done. There are two ways which a Child Support Assessment can be reviewed:- Using an administrative change to an element of > Read More
Child Support – what happens if I don’t agree with the assessment?
If a Child Support assessment has been made, and you do not agree with it, there are a few steps you can take. Generally, the Child Support Agency (‘the CSA’) will not change a decision once it is made. If you have made a simple factual error (such as your address) then > Read More
Child Support Agreements
Child Support Agreements are a useful tool for parents to use where there is agreement as to the amount of child support payable. Child Support Agreements bypass the use of the Child Support formula to allow parents to agree on terms of payment. For example, some parents may wish to enter > Read More
Family Law - Children
‘Consent Order or a Parenting Plan – which one is best for us?’
At Rostron Carlyle, we encourage our clients to reach an agreement if possible without the need to resort to the Family Law courts. When parents are able to reach agreement regarding care arrangements for their children, there are two ways which parents can choose to formalise this agreement. Firstly, clients are able > Read More
Practical Tips for Parents in family law disputes – looking after the children
Separation can be a difficult, stressful and emotional time especially for children. So what can parents do to make this time less demanding on children and to help them to cope? From a legal point of view, parents must remember that under the Family Law Act, children’s needs and their best interests > Read More
Adopting in Australia – the steps involved
In Queensland, adoption is regulated by the Adoption Act 2009. Putting your child up for adoption or adopting a child In Queensland, parents who are thinking of placing their child up for adoption must give written consent to the adoption of their child. Importantly, parents are not able to give their consent > Read More
DNA testing – concerns about parentage of a child
In family law matters the question of the parentage of a child is sometimes raised. Fathers may wish to undergo paternity testing where they have been assessed to pay Child Support for a child they believe is not theirs, or alternatively, where fathers wish to spend time with the child and the > Read More
Children’s wishes- my child wants to live with me, will this be considered by the court?
In parenting matters, it may be the case that a child expresses a wish to live with one parent. Sometimes this view will be expressly spoken by the child, and at other times, can be inferred from behaviour of the child. Under the Family Law Act, any views expressed by the child > Read More
Grandparent’s Rights
Often when parents separate, grandparent’s relationships with their grandchildren suffer. This can be as a result of either parent taking a stance against their former partner’s family, or as a result of the child spending less time with one parent. Sometimes, grandparents will take over the primary care of a child where > Read More
Surrogacy Arrangements in Queensland- what does it all mean?
The Surrogacy Act (“the Act”) came into effect in Queensland on 1 June 2010. The Act legalizes altruistic or non-profitable surrogacy agreements and prohibits commercial surrogacy arrangements. A commercial surrogacy arrangement is where there is payment to any of the parties for entering into the arrangement. What is a surrogacy arrangement? Surrogacy > Read More
Contravention of orders with regards to children
If you have orders in place with regards to your child or children, these orders must be adhered to. If one parent fails to comply with a parenting order, then you should seek legal advice before deciding what to do. For the purposes of this article we have outlined the procedures briefly > Read More
Family Dispute Resolution before filing – requirement in children’s matters
In 2006, the Australian Government enacted new legislation which requires parents to attempt to resolve parenting disputes without resort to the use of the court system. The legislation’s object is to ensure that all persons who have a dispute about matters that may be dealt with by the court, make a genuine > Read More
How common is shared care time for children under 18 years of age
The 2006 changes to the Family Law Act 1975 were designed to encourage parental involvement generally, but also specifically designed to encourage shared care time where such arrangements are reasonably practicable and in the child’s best interest. The term “shared care” typically refers to circumstances in which children spend a similar number > Read More
How does a court decide who gets the children? – Best interests and other considerations
If you’ve found yourself in the midst of a separation or divorce and are having difficulties with your ex-spouse agreeing on parenting issues, this article will give you a brief summary of how a court decides how a child spends time with each of their parents. If, however you don’t have any > Read More
Changing a child’s name – deciding who decides
It is important for parents to understand that they must make major long term decisions jointly unless otherwise ordered by a court. If you or your ex-spouse are looking to change your child’s surname, read on to better understand the process.. How do parents make decisions regarding their children? Both parents of > Read More
Children and arranged marriages- Madley & Madley
In a recent family law decision of the Federal Magistrates Court, a 16 year old girl was able to restrain her parents from removing her from Australia for the purposes of entering into an arranged marriage. Facts: A 16 year old girl had been arranged to marry a man she had met > Read More
Stopping your ex-partner from taking your child overseas – Airport Watch Lists
There will be instances where you or your ex-spouse wants to take your child overseas. This article will assist parents who wish to prevent their child from leaving Australia. How do I stop my child from leaving the country? One of the mechanisms you can use to stop your child from leaving > Read More
Recovery Orders- my partner has taken the children how do I get them back?
When do I need a recovery order? A recovery order may be necessary when a parent fails to, or refuses to return the child to the other parent, or the child simply cannot be found. Recovery orders are made for recovering a child from a place within Australia. If the child has > Read More
Relocating interstate or overseas- what steps should I take if I need to move with the children?
If you intend to move town, interstate or overseas with your child, you will be taken to be relocating. This can be a contentious issue, especially where the children see both parents regularly and they have a strong connection to both parents. What do I need to do in order to be > Read More
Family Law - Property Issues
Dealing with property following separation but pre-settlement
One of the issues that often arise between separating couples prior to finalising their settlement is the use of property and preserving the property for a settlement. It is not uncommon following separation for a spouse to take joint property (i.e. take money out of a bank account, draw down repayments > Read More
Maintenance to my ex-spouse or de facto – do I have to pay and how is it assessed?
After separating, one party may be in situation where they are not able to meet their financial needs. If this is the case, they may ask their ex to pay to them a sum of money, termed as ‘spousal maintenance’. Spousal maintenance is separate to child support and is generally paid to > Read More
Divorce and property settlements – which one comes first?
When married couples separate, it is often the first question asked, “What should I consider doing first? My divorce or my property settlement?” The answer is property settlement. Obtaining a divorce in Australia does not sever your financial ties to your former spouse. In fact, a divorce can often be the final > Read More
Financial Settlements – we reached an agreement, how do we make it final?
Where parties have separated and reached an agreement regarding their property settlement, there are two ways in which to finalise their family law dispute:- By Consent Orders; or By a Financial Agreement. We always recommend formally finalising your property settlement with your ex partner. If you do not, there are possible ramifications > Read More
Superannuation and family law- is super part of our property settlement?
In 2002, significant changes were made to the treatment of superannuation in family law disputes. Superannuation is now treated as property for the purposes of property settlements. Parties to a property settlement may agree that one party transfer part of their superannuation to the other party. This is called a ‘split’ of > Read More
Property Settlements – the steps to work out what you are entitled to
The Family Law Act 1975 sets out the basis which married and de facto couples can finalise their property settlement in order to sever their financial ties. Divorce does not sever your financial ties to your former partner. So how is it determined what each party to the relationship is entitled to? > Read More
Trusts and Family Law – is the trust property excluded from my financial settlement?
It is often the case in family law matters that the financial structure of a family will include a family trust, known as a discretionary trust. The Trustee holds assets on behalf of the listed beneficiaries of the trust. The Trustee does not in fact ultimately own the assets of the trust. > Read More
Duty to Disclose in Financial Disputes
In deciding property settlement matters, family lawyers and courts follow a process set down by the Family Court. Step one of the process is to identify the assets of the parties. What this means is that in order to start any property settlement negotiation, each party to the agreement must disclose their > Read More
Inheritances and gifts from family- how are they treated in family law property settlements?
In family law property settlements, any money that is received by one party in a relationship either from an inheritance or a gift from a family member or friend is treated as a ‘contribution’ by the person who received the funds. For example, if a husband receives a $50,000.00 inheritance during a > Read More
De facto Relationship Amendments to Family Law Rules 2004
From 1 March 2009, de facto couples were able to settle their property law disputes under the Family Law Act 1975 (The Act). Prior to the amendment, couples were only granted access to The Act where parental issues were concerned. Objectives The primary objective of the Family Law Amendment (De Facto Financial > Read More
Binding Financial Agreements – what are they and do I need one?
Mention the word “Pre-Nup” and this automatically conjures images of an “Anna Nicole Smith” type situation where there is an impending marriage and one party is either substantially more financially established than the other or significantly older than the other. However, any legal professional can now tell you that gone are the > Read More
My partner and I are separating – do they have a claim to my personal injury settlement?
Are you about to receive a personal injury payout? Does it have to be disclosed to your former partner or spouse and are they entitled to a share of your payout now that you have separated? Getting started Under the Family Law Act there are a number of factors which must be > Read More
Is your “on again – off again” relationship more than you think it is?
Since 1 March 2009, amendments to the Family Law Act mean that de facto couples now have the same rights as those of married couples to apply to the Family or Federal Magistrates Court of Australia seeking orders for a property settlement and/or spousal maintenance. Unlike married couples, in order to obtain > Read More
Parent’s Loans to their Children – what happens after a divorce?
This article examines what happens in a marriage breakdown to money that parents have “loaned” to their children. It will depend on a number of factors as to whether the money will form part of the marital asset pool, or will be considered a liability owing to the parents.. It is the > Read More
Family Law - Divorce
I’m separated, do I have to change my surname?
If you took your husband’s surname, it is relatively straight forward to change back to your maiden name. In fact, you can start using you maiden name at any time, even whilst you are married. This is because your change of name to your husband’s name was not registered as a change > Read More
Divorce and property settlements – which one comes first?
When married couples separate, it is often the first question asked, “What should I consider doing first? My divorce or my property settlement?” The answer is property settlement. Obtaining a divorce in Australia does not sever your financial ties to your former spouse. In fact, a divorce can often be the final > Read More
Still living together – can we apply for a divorce?
The Family Law Act requires that couples must be separated for 12 months and one day in order to apply for a divorce. The one day accounts for the fact that the day that the couple ‘separated’ isn’t counted towards the 12 month period. If you are separated but due to circumstances > Read More
Is there a time limit for settling a property dispute in family law proceedings?
If you and your former spouse or partner are able to reach an agreement about your property settlement, this can and should be formalised as soon as you separate. A time limit only applies when parties need to apply to the Family Court or Federal Magistrates Court for a judge to make > Read More
Family Law - General family law matters
New Domestic Violence Legislation in Queensland
Queensland has enacted a new Domestic and Family Violence Protection Act 2012 (‘the Act’) which replaces the former 1989 act. The purpose of this article is to highlight and discuss some of the key changes to the legislation and the underlying reasoning behind the changes. The Act now includes a preamble and > Read More
Meeting with your family law solicitor for the first time
Many clients are unsure of what information to bring with them to their initial appointment with a family law solicitor or how much information they will need to tell their solicitor.. Whether you need someone just to explain the process to you so you can make an informed decision or need advice > Read More
