The Family Law Act 1975 (Cth) is able to take into account a grandparent’s relationship with a child when making orders in relation to their care and wellbeing. Grandparents are specifically included in the Family Law Act and are able … Continue reading
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Caroline Counsel on ABC Radio “the Role of Grandparents in a separation”
http://www.abc.net.au/radio/melbourne/programs/saturdays/grandparents-2/8482312 When a child’s parents separate, the child’s relationship with their grandparents can be disrupted. Sometimes, a parent will withdraw access to grandchildren. In other cases, the parents are not capable of looking after the children, due to substance abuse … Continue reading
Who pays my legal fees if I divorce?
For many people, finding the money to pay for their legal fees presents a real financial challenge and for the person who is not in paid employment, a real fear. At Counsel Family Lawyers we work with our clients and … Continue reading
Friends with benefits or something more serious? How does the Court determine when a de facto relationship commences
The Family Law Act 1975 (the Act) contains provisions which set out the requirements for a de facto relationship by law. As in all family law matters, each case turns on its own specific facts and each individual’s circumstances. There … Continue reading
Can I move or do I have to stay? How the Courts determine if you can relocate with your child interstate or overseas
It is not uncommon after separation for a parent to want to relocate after separation. There are many reasons for this: employment, wanting to be near family, wanting to start over, wanting to move with a new partner, wanting to … Continue reading
Have your parents helped you purchase the real estate you are dividing with your ex-partner?
Due to increasing house prices in the eastern capitals, parents frequently financially assist their children and their partners to take their first step on the property ladder. Assistance from parents may include providing a deposit or more of the purchase … Continue reading
Have you been caring for your ex-partner’s children from a previous relationship?
In the case of Robb and Robb (1995) FLC 92- 555, the wife had two daughters from a previous relationship who lived with her and the husband at the family home for approximately 10 years. On appeal, the Court … Continue reading
Why Christmas Break Ups Are Never a Good Idea and The Twelve Hints Of Christmas Relationships
It is a truth universally acknowledged that Christmas brings out the best but also the worst in us. At this time of year, as the temperature soars outside, our emotions also go into overload and those unresolved issues which have … Continue reading
Barstow & Barstow: Who pays for private school fees in the event of disagreement?
Barstow & Barstow [206] FCCA 2185, before McGuire J, involved the issue of whether parents should equally fund school fees in the event that the children continued to attend private schools at the wish of one parent. McGuire J … Continue reading
What to do when one party has control over all of the assets and liabilities in a marriage or de facto relationship
In many family law cases, one party has control over all of the assets and liabilities of the marriage or de facto relationship. This situation can leave the other party in a vulnerable and stressful position as the spouse in … Continue reading
