Mediation or FDR is a process by which the Mediator/FDRP is responsible for assisting you and your ex decide the following: 1. What you both agree you want to discuss. The Mediator/FDRP cannot compel you to discuss a matter in … Continue reading
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I want to re-partner second time around; what are the risks?
Many clients falsely believe that if they have been divorced once, that they will be wiser and know how to avoid the pitfalls the second time around. The reality is that love may not be enough to save their … Continue reading
I’m separated, in the Family Court and want to travel overseas with my children –can I?
Now that our borders have re-opened after the unprecedented Covid-19 pandemic, overseas travel is now an exciting possibility for us. However, what happens if you are currently in Court with your ex-partner in relation to parenting issues and you or … Continue reading
Can my ex-partner demand I not vaccinate my child against Covid-19?
When one parent requests the other parent to not vaccinate their child against Covid-19, one may ask, what are my options and what will the Federal Circuit and Family Court consider in its determination as to whether or not the … Continue reading
Who Pays for Child Support When My Kid Turns 18 Years Old?
For most parents, the eighteenth birthday of a child is arguably one of mixed emotions as they grapple with the daunting reality of their progeny having attained adulthood. For the parent who has been dependent on child support payments … Continue reading
Divorce and Protecting Your Assets and Your Home
So… you are separating, and you may be worried about your home and what your ex may be doing with your share: can they sell it without you knowing about it? Can they be increasing the debt owed on the … Continue reading
Will the Family Courts “Add-back” to the Asset Pool when Wastage has occurred?
In the reported case of Omacini & Omacini (2005) 191 FLR 317, the Full Court identified three (3) areas which may warrant an add-back to the property pool, being as follows:1 One parties expenditure on legal fees; Premature distribution of funds; Wastage of one party. … Continue reading
Family Law and Covid19 – how can I separate during Covid19 Lockdown?
“A tidal wave of separations will turn into a Tsunami post Covid19” – this is the prediction that Caroline Counsel Family Lawyer and Accredited Family Law Specialist appeared on 3AW Breakfast this morning with former lawyer Ross Stevenson and marketing … Continue reading
How will an investigation by Child Protection Services affect my parenting matter?
If you have immediate safety concerns regarding your children, please contact Victoria Police. If you, your former partner or any other person holds safety concerns in relation to the care or wellbeing of your children, you might find your family … Continue reading
Will the Family Court include Capital Gains Taxation Liability in our asset pool?
When a party to a family law proceeding seeks that an investment property form part of their settlement, one may ask, will the Family Court consider the future capital gains tax (CGT) liability payable at some date down the track … Continue reading
