How Does Debt Get Shared in Family Law Settlements? Chan & Lee Ms Chan and Mr Lee were married for 8 years, at the beginning of which they owned nominal assets between them.[1] By the time the couple reached the court system their net pool comprised of a $570,000...
A mother who was found to pose an “unacceptable risk of psychological and emotional harm” to her six-year-old child has appealed the decision before the Full Court. The case of Willmore & Menendez involved allegations by the Father of the Mother engaging in...
A typical issue when a relationship ends is who will continue to reside in the matrimonial home and who will vacate. If parties are unable to reach an amicable agreement, they may go before the Family Law Court to determine who will receive sole occupation, in the...
Surrogacy arrangements can be a long and difficult journey for both intending parents and the surrogate. It is every intending parents’ worst nightmare to hear their surrogate say that they want to renege from their surrogacy agreement by terminating the pregnancy or...
In the recent case heard at the Federal Circuit and Family Court of Australia (Division 1), Justice Gill made orders of six months imprisonment of Ms Trach, a mother who was found guilty of contempt for failing to provide information about location of her missing...
You may have heard of people asking for ‘prenups’ from discussions with friends, in the news, in movies or even songs, as Kanye West so famously sung ‘we want prenup, we want prenup, yeah!’. So, what is a prenup? Are prenups legal in Australia? How can you ensure your...
Regional Victoria’s recent case, Karcher v Lacoss, Judge O’Shannessy made orders providing for the father to have sole parental responsibility for COVID-19 vaccinations and other vaccinations of their child. The questions raised at the interim defended hearing were...
In Australia, who gets custody of the children? There is no such thing as father’s rights or mother’s rights in parenting arrangements under the Family Law Act. The only right considered by the Family Law Act is the child’s rights. Despite this, you may be asking...
If you are looking for a lawyer to advise you on how property is split in a separation in Australia, we have the answer to those questions on the below link (See ‘How Does the Court Divide Property’). Each case, however, is quite different and lawyers rely...
Can infidelity affect child custody arrangements? Infidelity can create a lot of animosity and resentment between parties. The question is, is it ever relevant to child custody arrangements? Infidelity will rarely affect child custody orders or arrangements. In...
On the 8 March 2022, Trevor McKenna reported to the Family Law Section of the Law Council of Australia on what the Court says about COVID vaccination of your child. On 25 January 2020 Australia confirmed its first case of COVID-19. 13 months later in February...
Can a parent restrict access of their child to the other parent? It is not uncommon in high conflict child custody battles for one parent to deny or restrict access or limit the time the other parent spends with the child. So, is it possible for one parent to stop the...
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