Family Law Blog

In our latest Family Law blog, Lawyer, Nicole Pearce addresses the uncertainty surrounding recent restrictions implemented by the courts for Family Law matters due to COVID-19.

In our latest Family Law Blog, Principal/Director Malcolm Gittoes-Caesar outlines the additional considerations the Court will need to take into account due to Covid-19 and the best interests of a child.

In our latest Family Law Blog, Principal/Director, Malcolm Gittoes-Caesar covers the topic of parenting orders during COVID-19 and what a "reasonable excuse" might look like when dealing with a global pandemic.

In our latest Family Blog, Lawyer Suzanne Lang outlines the steps someone can take if they are experiencing family violence and are in isolation due to the COVID-19 situation.

In our latest Family Law Blog, Lawyer Madison Kelly explains the implications that Apprehended Domestic Violence Orders can have on your family law matter, whether you are the protected person or the defendant.

In our latest Family Law Blog, Adoption and Family Lawyer Kirstie Barfoot outlines what is involved in Adult Adoption and the key differences in the process of an Adult Adoption for foster children in contrast to applications pursued before reaching the age of 18.

More and more families are waiting over 12 months to have their cases heard in the Family Court. In our latest Family Law Blog, Lawyer Suzanne Lang explains why the system is failing and what you can do about it.

It's common for people going through a separation to turn to social media to vent their grievances, which can be damaging to their case. In our latest Family Law blog, Senior Associate Anna D'Addona outlines what you should consider when posting on social media before and during your family court proceedings.

What are your options when trying to sort out parenting arrangements for Christmas? In our latest Family Blog, Senior Associate Anna D'Addona outlines considerations that separated parents should think about when planning for the Christmas holiday period.

Recently, the Federal Government proposed to do away with the Family Court as a standalone court. In our latest Family Blog, Senior Associate Anna D'Addona explains the current status and implications.

The biological father and sperm donor, Mr Masson, sought orders from the Family Court of Australia to restrain the biological mother of their child and her partner from relocating with their child to New Zealand. In this article, Lawyer Kirstie Barfoot, explains how this case turned on two questions.

A Family Report is a report prepared by a Family Consultant which provides the Court with an independent assessment of the issues in a parenting matter, which are the subject of litigation. It offers an independent views of the matters in dispute, which ultimately assists the Court in reaching a decision as to the arrangements which are in the best interests of the child/ren involved in the dispute.

If you are thinking about applying for a divorce it is important to note that you must apply to the court for property orders within 12 months of your divorce becoming final. If you were in a de facto relationship, you are able to apply within two years from the date of separation. If you do not file within these time periods, leave of the Court will be required.

The Courts have determined that family violence can have a significant impact on a party’s contributions to a relationship and what parties will ultimately receive at the conclusion of any property proceedings.

It is often the case that separated parents are able to reach an agreement about the parenting arrangements for their child or children. Parenting arrangements for children which are agreed upon can be set out in either ‘Consent Orders’ or a ‘Parenting Plan’. So, which one is best for you?

Where employees are involved in domestic violence situations, or where a business is embroiled in family violence between people working in the business, employers need to take a step back, and consider both employment law issues and, in family businesses, family law issues, before acting.

Dealing with a family law dispute can be a stressful and extremely emotional time and it is important that you are comfortable and confident with the representation you have. Here is a guide to choosing the right family lawyer.

In March, the Australian Law Reform Commission released its final report of the Inquiry into the Family Law system, which was tabled at Parliament on 10 April. This blog details the key findings of the Inquiry.

There are many ways to have a baby including traditional conception, surrogacy, adoption and sperm or egg donation. With so many options, the law starts to become complicated when considering who the baby’s parents are considered to be. A recent case about sperm donation is likely to have some parents out there suddenly very concerned about their rights, and the rights of their donor.

In an attempt to address the power imbalance that exists within family law matters involving family violence, Attorney-General Christian Porter introduced the Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018.  The Act commenced on 10 March 2019, and will apply to cross-examination from 10 September 2019, in proceedings instituted either before or after that commencement.

In Australia, spouses can file for a divorce once they have been separated for 12 months.  Once the decision has been made to apply for a divorce, an electronic application must be made to the Federal Circuit Court of Australia through the Commonwealth Courts Portal.  This blog aims to provide Australian couples with some clarity with regard to the varied steps involved in filing for divorce.

In family law proceedings, an Independent Children's Lawyer acts on behalf of the children.  The ICL's role is to advocate for the best interests of the child (or children), although it is important to note that this does not necessarily mean that they will advocate in line with the specific viewpoints expressed by the child or children, or similarly, that they will act on specific 'instructions' provided by the child or children.

Whilst parties to a family law matter may have reached an agreement, it is important to understand that an informal agreement is not legally binding on either party, and that as such, a lawyer may actually be required to formalise the agreement.  It is incredibly important for agreements to be formalised, as where they are not, it is possible for either party to apply to the Family Court of Australia for a completely new arrangement in the future.

It is important for parties to a family law matter to keep in mind that rogue social media posts can often be a relatively quick and effective way of providing evidence in support of a disputed fact.  This is particularly relevant within the context of parenting cases, where the best interests of the child are of paramount concern.  

On 1 July 2018, amendments to the Child Support (Assessment) Act 1989 were made which are likely to affect you if under your Child Support Agreement, the parent receiving child support is caring for a child across less than 35% of all overnight stays.

In line with the crucial nature of having a Will, it is equally important to ensure that your current Will is appropriate for your individual circumstances - particularly if you are navigating the processes associated with the breakdown of a relationship.

It is undeniable that exposing children to drug and alcohol use could be classified as harmful - with this concern being deemed extremely relevant within the context of the Family Court implementing Parenting Orders. The case of Hogan & Hogan provided that whilst drug use does not necessarily diminish a parent's love for a child, it does diminish a parent's ability to care for them.

Unfortunately, sometimes matters ending up in the Family Court is inevitable.  Parties can become so entrenched in their positions, or their views of what has occurred throughout the relationship may be so diametrically opposed, that it is impossible for them to meet in the middle.  However, in most matters that Coleman Greig deals with, there are ways in which compromises can be reached.  

If you are a divorcee and your children don't have a current passport, you may need to negotiate with the non-travelling parent in order to have them sign the relevant passport application. If the non-travelling parent refuses to sign the application, either due to them having genuine concerns for the child's safety, or (as is sometimes the case) for no good reason at all, then you are likely to require advice surrounding how to make an application to the Family Court.

Malcolm Gittoes-Caesar takes a look at the recent case of Whooten & Frost (Deceased) [2018] FamCA 79, which shows how strict adherence to the rules of the court may bring about injustice.  To Malcolm, this particular case also demonstrates the somewhat callous form that family law matters can sometimes take.

With end of year holidays almost with us, many families have started to make plans for international travel.  For parties to a divorce who share custody of their children, it is crucial to take into consideration whether or not there are court orders in place that might stand in the way of international travel plans, if these plans are set to include the children.

Given the delays that are often experienced in the Family Court of Australia, parties will often receive an inheritance after they separate, but prior to entering into a property settlement with their ex-partner. There is a misconception that an inheritance received post-separation won't be taken into account in relation to the family law matter, although this is false.

When two parties decide to separate, it is important to keep in mind that time is of the essence.  Both the Family Law Act and the associated court rules require strict adherence to certain time limitations, all of which are important for parties to a relationship breakdown to be aware of.

If you are married, but have been separated for at least 12 months and one day, it may be time to consider applying for divorce. If you do decide to apply for a divorce, there are a number of factors that Coleman Greig suggests you take into account before doing so.

In most cases, it is necessary for parties to attend mediation and obtain a Section 60(I) Certificate prior to going to Family Court - although the need to attend mediation can be waived in circumstances of urgency.  If the matter is deemed sufficiently urgent, it is possible to attend court.  In cases where the matter is extremely urgent, Orders can be sought on an ex parte basis, meaning that the matter will be dealt with without the other party having the opportunity to attend Family Court, or present evidence.

Solicitors who are well versed in family law should have the ability to get their client's point across without the use of inflammatory or unnecessarily aggressive language. Furthermore, although it is trite to say, "sometimes you catch more flies with honey than you do vinegar", there is a time and place for being firm and insistent in correspondence, but the line between being firm and being rude must be walked appropriately.

Malcolm Gittoes-Caesar recently had the pleasure of representing Coleman Greig as a participant on SBS' Insight program, where he was given the opportunity to discuss Binding Financial Agreements. Here, Malcolm gives his 5 key takeaways from the show, why to implement them, and how to go about doing so in an effective manner.

In family law matters, separated parties sometimes decide to ignore requests for financial disclosure in the hope that they will stop, that court proceedings will in turn go away, and that life in general will all go back to normal.  Our experience is that this rarely, if ever, occurs.

One incredibly important question to ask within the context of Family Law matters is whether there is anything wrong with providing people with information specifically relating to your Family Law matter. Section 121 of the Family Law Act answers this question in some detail.

Domestic violence (or family violence) is an issue deeply ingrained within many family law matters, and causes certain logistical difficulties over and above the physical and emotional turmoil faced by victims as a consequence of that violence.

When parties to a marriage receive assistance from their parents, it is rare for them to put thought towards just how their parents might be protected in the event of the marriage breakdown.

To further decrease the backlog of cases in the Family Court, a large number of cases will be referred to Family Mediation, as well as other forms of alternate dispute resolution such as Arbitration.

In 2017, the High Court of Australia handed down a judgment that could have potentially resulted in Binding Financial Agreements being a thing of the past.

In the third and final part of our same-sex marriage blog posts, we take a look at what the introduction of same-sex marriage means for parenting matters in Australia.

In part two of our same-sex marriage blog posts, we discuss what same-sex marriage means for property proceedings. Overall, the introduction of same-sex marriage will see same-sex couples have greater access to legal protections surrounding both financial and parenting matters.

You may be thinking that it will be a while before same-sex couples start filing for divorce, although there are many couples in Australia who have been married for a significant period of time.

Arguments over how to best raise children are often more prevalent in the case of separating or separated parents. One particularly hot topic, and an increasingly common area of debate amongst parents is the issue of child vaccinations.

The emergence and popularisation of cryptocurrencies over recent years has added to the difficulties and complications associated with the financial side of family law proceedings.

Solicitors are often faced with the dilemma of being approached by a potential new client, but because the solicitor or firm has acted for a previous client whose interest may be affected, the solicitor may be unable to act.  There are, however, circumstances where a former client may waive, whether expressly or impliedly, their right to object to the solicitor acting.

Ex parte proceedings refer to proceedings where one of the parties may not be present.  The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.

Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.

Penrith LGA is currently one of the hardest-hit areas in the state with regard to reports of domestic violence.  Unfortunately, Penrith is not alone in these numbers – with the neighbouring Blacktown area showing the highest number of domestic violence incidents in NSW: with 2083 in the year up until March 2017.

eCommBook, a web-based app that stores all of the details that a book might, allows ex-partners to communicate with their kids and one another. The app’s objective is to make the post-separation process as smooth as possible and to curb violence and abuse between parents so as to shield children from the tension and hostility surrounding family breakdowns.

Victims of domestic violence will now find it easier to protect themselves across State borders, thanks to the new and improved National Domestic Violence Order Scheme which came into effect on 25 November, 2017. The Scheme makes new domestic violence orders automatically enforceable in every State and Territory.

In a recent Judgment handed down in the Family Court, two solicitors were referred to the Office of the Legal Services Commissioner as a consequence of fees issued to their clients. The most important consideration is to take the following steps to ensure that a situation like that does not happen to you.

Rumours have circulated concerning whether the prenuptial agreement surrounding the separation of Tom Cruise and Katie Holmes contained a clause that prohibited Katie from ‘dating publicly’ for five years. Whilst including clauses that are novel and unusual may seem appealing in Hollywood, it’s simply not appropriate in most jurisdictions.

Revenge porn is now a criminal offence under the Crimes Amendment (Intimate Images) Act 2017 (NSW).

When a high net worth individual’s estates are looming, how far would you go to prove you are entitled to some of it? Salvador Dali, one of the fathers of surrealist art, was recently exhumed after a fortune teller by the name of Pilar Abel claimed that she was the offspring of an affair between Dali and her mother, Antonia.

The Hills Shire Council has come up with a potential solution to increase transitional housing for those escaping domestic violence.

The countries that separated parents can take a child to on holidays is an important consideration in Family Law matters when Orders are sought from the Court or when parties are negotiating Consent Orders.

It is important when entering into negotiations for a division of property, and prior to any proceedings being commenced, to obtain independent legal advice about the documents you need to provide to the Court.

The NSW Government has just announced a new scheme for carers who adopt foster children, with an aim to support 900 more children every year.  Each family will be assessed on a case-by-case basis for adoption to ensure that each child will have a safe, supportive and permanent home.

It was pleasing to hear in last week’s Federal Budget announcement that there are two significant plans to address the current issues plaguing the family law system.

The Supreme Court last month made a decision regarding a child being adopted by a same sex couple. The adoption was being disputed by the child's birth parents on the grounds that the proposed adoptive parents were unwilling to commit to raising her as a Catholic.

Generally speaking most assets in a divorce or separation, irrespective of whether they are from before, during or after the relationship, are included for the Court’s consideration. However, sometimes the Court is asked to take into account future assets.

A Brisbane court has recently heard of a string of fake marriages orchestrated by Migration agent Chetan Mashru and his marriage-celebrant wife, Divya Gowda, between March 2011 and March 2012.

On 7 February 2017, a Parliamentary Bill was signed into law in Russia that seriously weakened the country’s protections for victims of domestic violence. How then, is the issue of domestic violence responded to by the Courts in Australia?

The Family Court has historically been strict when considering applications from someone other than a parent or grandparent of children, requiring the party applying for Orders to establish facts which justify their need to spend time with the children, and whether it is in the children’s best interests.

There are parallels between family law, the involvement of parties in the Family Court of Australia and the adoption process, and a number of hurdles over which families need to jump to see a child be adopted into their family.

When you’re unhappy with a decision in relation to your family law matter, there can be a strong temptation to appeal. However, you must establish that a significant legal or factual error was made by the judge that justifies bringing the matter back before the court. 

One UK High Court Judge has taken speaking plain English to a whole new level in a recent family matter.

Recently, following a key recommendation of the joint Australian Law Reform Commission Report and the New South Wales Law Reform Commission Report, ‘Family Violence—A National Legal Response’, the first stage of new guidelines for judges and magistrates was launched.

An Australian same-sex couple is currently facing legal issues in their attempts to bring their baby son into the country from Canada where they have been living. The Australian Foreign Minister is unable to grant the child a passport without the consent of his biological mother.

We all dream of winning the lottery but if a marriage breaks down after your win, your dream could become the stuff of nightmares. Just how much can your soon-to-be ex claim of your good fortune? In a twist, now pretend that you hit the jackpot in the first year of your decade long nuptials…

In some instances of relationship breakdown, more than cash and property need to be divided. Animals or livestock can be a significant source of income for some parties, and can comprise a significant proportion of the asset pool.   

The Federal Government has just launched a new campaign, 'Stop it at the Start', which aims to reduce the prevalence of violence against women by intervening before it begins.

The 60 Minutes news team has recently been in the news headlines for all the wrong reasons after travelling overseas with a mother to try and recover Australian children removed by their father.

Growing numbers of Australians have international ties, and with these ties, there is an increasing risk that following separation, one parent will relocate overseas with the children of the relationship.

A Supreme Court move has reignited the debate as to whether parents should be able to physically discipline their children, after the Court quashed a decision convicting a parent of aggravated assault for smacking his son.

When there are accusations of violence by a parent towards a child in parenting disputes, the Court is often torn between making Orders to completely prevent contact and putting the child in a position where there is risk. The popular option is to make an Order for supervised time.

There is an emerging practice of working women opting to keep using their maiden name in their professional life, or even retaining their maiden name altogether. One of the biggest reasons for this is that for many professionals, your name is your most valuable asset.

The changing landscape of technology is proving to be a large factor in family disputes, with a recent study by Victorian based research centre ‘SmartSafe’ finding that 80% of domestic violence workers reported that smart phones and related technology are being used to track, stalk and harass partners.

In recent years, the Family Court has ruled that when dividing property in a dispute, using a percentage rather than a fixed sum allows for a more accurate and fair division. However, recent cases have found that where the Family Court is often dependant on uncertain figures, a more complicated formula is needed to allow for changes in the value of assets.

When determining property settlement matters the Court is required to take into account the contributions made by each person to the acquisition, improvement, and maintenance of their assets, the contributions made to each other and the contributions made to the welfare of the family. In exceptional circumstance, it has been successfully argued that domestic violence victims make greater contributions as their ability to contribute is significantly more difficult. This may alter the overall property settlement, as in the case of Kennon and Kennon [1997

Parenting orders mean that even if your relationship with the other parent ends, you’re likely to continue to remain in contact to discuss issues about your children. In situations where there are allegations of family violence or child abuse, this may affect how family law matters are managed.

The amount of domestic and personal violence recorded in Australia over the last ten years is at record highs. An overwhelming portion of victims in these cases are women. If you are or know a victim of domestic violence, there is support for you.

In recent years there has been increasing awareness about domestic and family violence, and its prevalence within our society. It’s now recognised that domestic and family violence goes beyond physical violence to encompass various types of behaviours and as such, significant changes were made to the Family Law Act in July 2012.

When dealing with property settlements in Family Law, the Court essentially adopts a four step process to determine the division of household contents and furniture.

Earlier this week Australia announced additional adoption programs with Poland and Latvia. These programs, whilst helpful, don’t make it substantially faster or easier to adopt children from these countries, in circumstances where there is still a commitment to intra country adoptions in the first instance.

Australia now has the second-lowest adoption rate in the developed world and individuals and couples looking to adopt in Australia have historically faced a slow moving and expensive battle. Recent reforms, championed by Deborra-lee Furness, with the support of the NSW Government, may assist to improve the adoption process.

Adopting a child is an exciting time in a person’s life but excitement can turn to frustration and disappointment when you encounter delays and difficulties. This article outlines the processes and pitfalls you may come across in your adoption journey.

Some twisted fairytales highlight the fact that Snow White, Sleeping Beauty and Cinderella all married Prince Charming. While the third time around may have been the charm for the hapless in love Prince, what happens in the real world when you would like to remarry but you’re still legally bound to your ex?

It’s pretty common for Australian families to travel overseas to attractive holiday destinations. Strictly speaking, if there are no Court Orders in place regarding children, you don’t need the other parent’s consent to travel overseas with your children. However, if your children don’t have a current passport, then be prepared to talk, because the non-travelling parent needs to sign the passport application.

Separation can be difficult, arguably more so when children are involved. You may want to break the ties completely but the Courts will quite often find that it’s in the best interests of your children to spend time with both of you. What happens though when one parent takes matters into their own hands and removes the children from your life completely?

Beyonce sung about “putting a ring on it” but what happens to the engagement ring when the wedding is called off? The issue of who keeps the ring can be a contentious one with perceptions about who is the rightful owner guided by convention, tradition, morality or that the former bride-to-be automatically keeps it!

Recent articles confirm that data disclosing the identities of the “anonymous” users of the website Ashley Madison (a website that facilitates and encourages partners being unfaithful to each other), has been leaked online. What people may be surprised (and disappointed) to learn, however, even if there is an influx of family law matters, and the release of the Ashley Madison data is the reason for it, the fact that a person has been using the website bears little, if any, relevance to family law matters.

In a joint statement, released Tuesday 4 August 2015, Kermit said “After careful thought, thoughtful consideration and considerable squabbling, Miss Piggy made the difficult decision to terminate our romantic relationship.” What happens when couples separate, and have a joint business or enterprise from which they both derive income?

Working out what arrangements should be included in Orders and the Court finds acceptable for your children can be confusing. Generally, there is understanding that arrangements for special occasions should be reciprocal (children spend the same amount of time with both of you) should it be reasonably practical and in the best interests of your children.

For most families, their pets (be it a dog, cat or guinea pig) are beloved members of the family - so what happens to “Fido” or “Mr Meow” when people separate? Given the integral part some people’s pets play in their lives, decisions concerning who becomes the primary carer for pets can be traumatic and often leads to increased tension and hostility in any family law separation.

Even if parents go through the lengthy and expensive process of obtaining Orders in relation to their children, it is a sad reality that one, or both, won’t comply with them. Although attending Court should always be viewed as the last resort, often a parent may need to bring a Contravention Application before the Court. As it sounds, a Contravention Application is an application to the Court indicating that the other party isn’t complying with an Order, and seeks Orders to address it.

Given the prevalence of blended families and other less traditional (for want of a better term) family arrangements, the concept of a nuclear family in 2015 is at best blurred and, more likely, irrelevant. There is often confusion about how the Courts can assist in allowing a person to have a child live with them, spend time with them or otherwise seek a Parenting Order.

It is a reality during the course of any given relationship that you may receive an inheritance. If you do, it is important to note how an inheritance may be treated in the event of a relationship breakdown.

In today’s society, it’s common for many couples to live together without tying the knot so how do you define these relationships in a legal sense? You are considered to be in a de facto relationship with someone if you satisfy three criteria set out by the Family Law Act 1975 (Cth).

Channel 9’s show, Married at First Sight, which aims to marry complete strangers, has caused uproar in parts of the community before it even makes its debut. The show is viewed by some as making a mockery of how relationships are formed, the ways people get to know each other, and decide to stay in a relationship. Advocates highlight that arranged marriages have a lower rate of divorce however the show may not help make the public aware of the reality of how difficult an arranged marriage can be.

It is common place, particularly in acrimonious property proceedings, that one party will seek to dispose of assets or otherwise arrange their financial affairs with a view to preventing the other person from receiving a share of an asset, or all of the assets, of a relationship. Should this be the case, a person has the ability to apply to the Court for certain behaviour to be restrained, or, if a transaction has already taken place, to reverse that transaction in certain circumstances.

Upon the breakdown of a relationship, it is usual for parties to need to come to considered agreement about how it is that the children in the relationship will be looked after. Often those arrangements are recorded in a set of Court Orders, which are binding upon the parties and can be enforced should they not be complied with. Court Orders however, are not for everyone.

The way in which families arrange their affairs stereotypically result in one party earning a higher income than the other. Upon separation, when the party who does not earn a significant income no longer has the use of the other party’s income to meet expenses, often those expenses will go unpaid unless the other party provides financial assistance.

The Family Court of Australia recently made a Declaration to award Parental Responsibility to a 17 year old to enable him to make decisions regarding treatment for his Gender Dysphoria condition. The question the Court needed to consider was whether the 17 year old was competent to make his own decisions about a medical procedure and treatment for his condition.

Allegations of mental health often emerge in family law proceedings. It is more common in parenting proceedings, where one parent has concerns for the other parent’s care of the children due to the impact of mental health.

Many clients come to us for advice not only in relation to family law issues but also potential criminal or quasi-criminal issues due to events that occurred throughout the relationship, at separation or following.

I frequently have client’s ask how they can change the child’s name, or, how to resolve a dispute where the parents cannot agree to change the child’s name.

The Family Law Act refers to parents having “parental responsibility” for the children of their relationship and the court may by Order, provide for that parental responsibility to be “equal shared” (that is, shared by the parents) or “sole” (that is, exercised by one parent).

On ABC News last month, an article was published regarding Facebook being used as a weapon in Family Law matters and the increasing use of Binding Financial Agreements to deal with this issue.

The Family Law Court (“the Court”) recognises the period from birth to four years old is an important developmental stage for any child. The Court in making Parenting Orders often turn their mind to attachment theory, a social science concept that a child has a primary attachment to someone that provides that child with a sense of security and comfort (their mother, father or grandparents).

There are a lot of misconceptions about what parents are “entitled” to when it comes to custody arrangements for children. Some have the approach that the father should spend time with the child every alternate weekend and some have the perspective that it should be 50/50.

Clients are often under the assumption that contributing a greater amount financially than their stay at home ex partner will entitle them to a greater percentage of the net assets in their property proceedings.

As the recent case of a father being arrested in Grafton after "kidnapping" his child demonstrates, matters relating to children after the breakdown of a relationship can escalate, and sometimes become terrifying, very quickly.

Relocation of children is one of the most difficult issues for a court to determine. In many circumstances following separation one parent may wish to relocate as a consequence of money difficulties, a new relationship or job opportunities.

Frequently we will have clients come in to seek advice in relation to family law matters and one of the first questions we ask is “when did you separate?” On numerous occasions we receive a response from a client saying, “I’m not sure” or “I don’t know if we are.”

When Binding Financial Agreements (or, to use the vernacular, "pre-nups”) were introduced in the Family Law Act some time ago, they became a very popular tool at the commencement of a relationship to avoid the uncertainty of what would happen should a couple separate.

Unfortunately, family violence often plays a part in the breakdown of a relationship. That violence can cause irreparable damage to the victims, which often include, either directly or indirectly, the children of a relationship.

There have been two cases in the media recently where family matters, with separated parents and custody issues of the children, have ended tragically. After the case of the missing father and his four year old daughter in Northern NSW, we have seen a similar story unfold in Melbourne last week with the death of an 11 year old boy and his father. Unfortunately, matters whereby people harm themselves or others as a consequence of marital breakdown are far too prevalent.

In doing my research for this week’s Blog, I came across an article written by a US celebrity divorce lawyer on the Top 10 Rules to follow after a divorce and in my experience as a family lawyer in Australia, I have to say I agree with all of them.

The Universal Declaration of Human Rights recognises the right to ‘free and full’ consent to a marriage, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) prohibits child marriage. However, every year, it is estimated that 14 million girls under the age of 18 are forced into marriage with little or no say in the union.

The role of a step-parent can be a tough one. Whether it is achieving the acceptance of their step-children or at times bearing the brunt of the conflict between their spouse and his or her former partner, it is definitely not a role that is straight forward. Building trust and deciding what role they will play in each other’s lives are often common problems when establishing a relationship between step-parent and step-child.

A friend of mine recently told me about an article he read on the growing number of separated mothers leaving New Zealand and relocating to Australia with their children. As a single father he was concerned about this trend and specifically, that it was happening without the father’s consent or a Court order. The article stated that 70% of New Zealand children involved in international custody disputes last year were found to have been taken to Australia.

Celebrity relationships, marriages and divorces are splashed across the news on what seems like a daily basis. It is almost no longer surprising (for those that care!) at the news of each new relationship, marriage and sadly, separation in the celebrity world.

Family Law Matters are stressful and upsetting for all parties involved, as such, there are certain laws in place to help protect the identity of those involved in family law proceedings in the public domain. The Family Law Act prohibits the publication in a newspaper, on the radio or television, or by any electronic means, or otherwise in the public domain, the identification of a party to family law proceedings, a witness in the proceedings or any other person concerned with the proceedings. A consequence of breaching this law is a maximum of a one-year jail term. The Act includes a broad definition of what it means by identifying a person, including but not limited to the publication of their address, physical description or employment.

Last month we saw the troubling headlines that a young man, Stephen Hume, had allegedly assaulted his 16 year-old girlfriend and ‘abducted’ their eight month old son. The search continued for a couple of days for the father, while baby Zhaiden was delivered to Campbelltown Police station by a member of Mr Hume’s family and ultimately reunited with his mother.

A client recently said to me, "My partner was an abusive, lying, cheating *&@#! Shouldn't I get more money from our property settlement for everything x has put me through???" I truly felt for my client after everything she had been through, but unfortunately the answer is generally “no.”

Kate Middleton has had the world’s eyes on her from the moment the Duchess announced her pregnancy. With the birth of the new Prince, the speculation over the gender of the new Royal finally ended in the early hours of yesterday morning. However, there is still one more question on everyone’s mind: “What will they call him?” The “Royal Baby” is not the only baby in recent times to cause a media frenzy. Media speculation and controversy ensued following the recent birth of Kim Kardashian and Kanye West's child. Initial reports suggested that the child was named "Kaidence", spelt with a "K" following the Kardashian trend. It has, however, since been confirmed by inside sources that the child has, in fact, been named "North."

Gay marriage is such a hot topic right now. Just recently I had a family dinner and OMG, the discussion about gay marriage was fierier than mum’s chilli chicken!

We see it in movies and television shows. We see it across the media. Many of us, also, see it in our own lives. Separation can, in many cases, lead to devastating consequences for the families and children involved. Often, spite can play a big role in the downward spiral. While it is easy for an outsider to think, ‘how can someone behave that way?’ for the spouse involved, it is quite a different matter. More often than not they will think along the lines of ‘where did it all go wrong?’ or ‘how can I get revenge?’

Sesame Street now teaching kids about divorce? When I was a child, I remembered Sesame Street teaching me my ABC, 1,2,3 and my colours. These days, apart from teaching kids these basics, the show has expanded to embrace more affective topics such as relationships, ethics, and emotions. One such topic (sadly, but probably necessary in this day and age I believe) is the issue of divorce.

Controversy surrounding Binding Financial Agreements – or pre-nups, as they are more commonly known – has again been enlivened by publicity surrounding the recent 'pole dancer case.' This case, as reported by The Sydney Morning Herald on 24 February 2013, is about a Mr Wallace seeking to set aside a pre-nup between himself and his former wife, whom he met at a pole-dancing club in Sydney. The agreement, signed by the couple prior to their marriage, required amongst other terms that Mr Wallace pay his wife $3,250,000 should their marriage break down within four years. The couple separated two years following their marriage and Mrs Wallace sought to enforce the agreement. However, Mr Wallace claimed it was invalid because he says Mrs Wallace lied when she told him prior to their marriage that she loved him and wanted to spend the rest of her life with him.

A very wealthy London man has recently been sentenced by the High Court in England to six months’ imprisonment as a result of failing to disclose his financial circumstances to the Court in his family law dispute with his former wife, and also for falling behind in his child support payments and has subsequently been jailed. Clearly, this is an extreme case and not all disputes as to financial disclosure will result in a jail sentence. But what does happen if tax returns are botched to show a lower income to reduce child support payments? What action will a Court take to a litigant who is not being entirely frank as to his or her financial circumstances to avoid paying more to their former spouse by way of property settlement?

The media has recently reported on a Norwegian study which suggests that the more a man does in the home, the higher the divorce rate (“Divorce risk for couples sharing chores”, The Australian 28 September 2012). In fact, the study found that the divorce rate for couples who share housework equally was about fifty percent higher than for households in which women do most of the chores!

            Long gone are the days when it was considered the man’s sole job to 'bring home the bacon' for their family. The Diversity Council of Australia has recently reported that having the flexibility to manage family and personal life was one of the five most highly valued job characteristics for men, ranking third on the list for young fathers. The key findings report that demographics have changed and more men in the workforce are now experiencing higher levels of demand in terms of balancing their work and family/personal commitments; with the statistics revealing that 64% of fathers had a partner in the paid workforce, and 31% had elder care responsibilities. But does changing nappies, rushing the kids to school, ironing, washing, cooking dinner, collecting the kids from school and taking them to their soccer and dancing classes pay off when the bacon is divided 10 years down the track should ‘happily ever after’ become a mere fairytale? The reality is that Courts do take these tasks into consideration when determining a party’s entitlement in property settlement proceedings in what are commonly known as ‘contributions to the welfare of the family’; that is, tasks performed as a homemaker or parent. In addition, Courts look at the financial contributions that each party brought into the relationship. This may include property, inheritances, income from employment, redundancy payments or prize winnings. Non-financial contributions are also relevant in property settlement. These involve any act which contributes to the acquisition, conservation or improvement of property, such as building a playroom for the children or being the primary carer and homemaker for the children such that the other party is able to pursue income-producing activities. The weight of the various contributions however depends on a multitude of factors,including the length of the relationship, the size of the contribution and when the con

A recent Family Court decision has highlighted the hard, and sometimes unusual, decisions a Court has to take. In the July 2012 case, a man was given 14 days to recover his parents' ashes from a memorial garden he had created on his family farm. The ashes were buried in two large urns, with commemorative headstones marking their location, next to a bronze bust of the man's father who had died first. Unfortunately, the farm had been awarded to his former wife in a property settlement and he was therefore required to find another 'resting place' for his parents. Describing the decision as a 'kick in the guts' the man was not only upset about having to move the headstones and urns, but also the fact that the farm had been his parents home when they were alive. This decision seems very harsh. How could this happen, I hear you ask?

Marriage or Defacto - what's the difference? To propose or not to propose? This is the question facing many Australians today.

The speed in which Tom Cruise and Katie Holmes reached a divorce settlement would surely have won "gold" in any family law Olympiad! Leaving the world, and more to the point, the world's media, stunned by the outcome, Tom and Katie have recently proven that not all divorces need end up in the Court system. With the rate of divorce in Australia trending upwards and as many as two in every three marriages ending in divorce, a large portion of our population are now struggling with the impact of the breakdown of a relationship.

Dutch entrepreneur Jim Halfens has launched the "Divorce Hotel", a service that enables couples to check into a five-star hotel for a weekend and negotiate the terms of their divorce over the course of the weekend. So far, the service is proving successful for couples in the Netherlands and Mr Halfens has plans to expand into other countries including the US.

Everyone and their uncle has been putting in their 2 cents worth regarding the changes to family law violence legalisation; the women’s rights groups, the men’s rights groups, the children’s rights advocators, the media and a few others have joined the bandwagon. So I am not going to go over the whole changes again but I like to think that I am taking a commentators position, if you will, as the band wagon rumbles past.

Or your Father for that matter… Often when recounting how parties met, people tend to remember things like the time, the date, maybe even what they were wearing. One of my aunts recalls distinctly that she was having a “bad case of bad hair day”. You may (or may not) be interested to know that the Court is also concerned, in a way, as to how the parties met at the commencement of cohabitation and that is really not so much ‘how it was’ but more ‘how much they were worth’ at the time.

I am not alone when thinking of things in twos - Gillard v Rudd, Holden v Ford, Pepsi v Coke, Optus v Telstra... Two teams in a match, two birds with one stone, two peas in a pod. Two parties in a court case. Except - this last phrase is not always the case. There are two ways a person can become a third party to a traditional two party case – either as an Independent Children’s Lawyer or an Intervener.

Have you ever loved your partner so much you wanted to adopt them? Polo magnate, John Goodman who is facing a civil trial in the US over the death of a 23-year-old in a hit and run accident, did just that. A judge previously ruled that a trust Mr Goodman had set up for his two children could not be considered part of his financial worth if a jury awarded damages to the victim’s family. In an attempt to provide for his girlfriend, Mr Goodman has since adopted said girlfriend as his legal daughter, in turn allowing her to be entitled to a third of the family trust. An American Court has described the action as a new "twilight zone" for the legal system. It is very unlikely that we get such a twilight rezoning case as the Adoption Act of NSW and it’s mirroring counterparts from other states state that adoption applies to a child under the age of 18 or for a person over the age of 18 that was cared for as a ward or stepchild of the adoptive parent when they were underage.

I came across an article in the SMH last week about the increase in Divorce Etiquette books across the UK. Now I am not going to comment about our friends the English and their unending pursuit of ‘decorum’ but I will say that the idea of etiquette between parties after separation is a lost cause. Now I am not being pessimist, nor am I saying that divorced parties lack decorum in their dealings with each other. Not at all. In my view how the parties behave after divorce is often the result of their behaviour during the divorce and before that the reasons for divorce.

It’s been a year since the divorce  was formalised(or two since the de facto relationship ended), the experience, along with the whole package has long been packed, dusted and consciously (or subconsciously) put to rest in the deepest darkest cavern of your memories, finally over. Or is it?

“My mother-in-law is an angel” One man said to his friend. “You are lucky” his friend replied “mine is still alive.” We have all heard the jokes, whether they were said with tears of laughter or tears of frustration. On an interesting side note, a survey conducted a couple of years ago found that women in general tend not to like mother-in-law jokes as they were either mothers-in-law themselves or knew they would one day become one. However no matter which side you are on, I think it is safe to say that plenty more than a fair few people in relationships have an issue or 10 with their in-laws.

Earlier this month, NSW Police found themselves embroiled in a 12-hour stand-off with a 52 year old man who barricaded himself in a legal office in Parramatta with his 12 year old daughter, claiming he had an explosive device in his backpack. Initial reports indicated that the daughter was being held hostage during this time and everyone’s thoughts immediately turned to the terrible possibility that it was a family law dispute which had turned ‘sour’ and the father had snapped over custody issues.

It seems that we still can’t get enough of all the ‘post baby bodies’. I’m into fashion and beauty as much as the next person but in the last couple of weeks it seemed that no matter which channel I tuned into, there was Miranda Kerr showing her post baby non-existent bump. Which in turn lead to images or footage of Doutzen Kroes, Eva Herzigova and Heidi Klum also parading to prove the possibility of strutting the catwalks only 2 months after giving birth. During this maternity media frenzy I came across an article in the Sydney Morning Herald which discussed not only the reasons behind these new catwalk mums being able to regain their pre-baby bodies (it is their established pre-natal exercise routines if you are wondering) but how motherhood has become beautiful and glamorous now after a period of appalling avoidance.

Regardless of how wealthy, important or famous a couple is, when they decide to separate or divorce the health and well-being of any children should remain at the top of their list of priorities. The recent separation of Jennifer Lopez and Marc Anthony has caused the celebrity websites and tabloid magazines to go into overdrive trying to cover (or more realistically, guess) the reasons for the split, who is at fault and what will happen next. It was therefore only a matter of time before the hot-potato issue of child 'custody' raised its head!

One of my favourite TV shows is QI, it’s fantastic. Add Stephen Fry to a mix of 4 comedians, one of whom is a core ingredient, Alan Davies, along with a batch of general questions and watch for 25 minutes. The result is guaranteed to be delightful and mentally challenging. For those familiar with the show, it is a well known fact that one of the reasons the show is so stimulating is because it addresses many misconceptions and misunderstandings that have hazily hovered in the recesses of our minds until they took the form of influential illusions. In the labyrinth of Law there exist familiar phrases of the kind the French like to call ‘faux amis’ or false friends. Those illusive terms that seem to give legal lingo its fluency. In Family Law there exist quite a few but I will only cover three of the most common.

I recently read a travel article about an Asian country where it is considered very offensive to ruffle a child’s hair in public, however it was perfectly normal to grab a young child’s private parts in a show of affection. In Australia seeing this action would most likely spring one word to mind – abuse.

An article in the June 2011 edition of the ‘Australian Women’s Weekly’ highlights the difficulties many families experience when dealing with the Family Court system, and illustrates how changes to the system may not suit every situation. As the writer of the article notes, the Family Court was initially established in 1976 as an approachable and more ‘caring’ Court – judges’ wigs were removed and a more informal approach was adopted. The subsequent removal of the need to prove who was at ‘fault’ in divorce proceedings then created a huge increase in the number of divorce applications and the Family Court has struggled to keep up with demand ever since.

The Australian lobby group called Get-Up paid $31,000 for a dinner with Julia Gillard at the Canberra Press Gallery’s annual ball this week. The dinner formed part of the Press Gallery’s annual fundraising auction and Get-Up is giving the prize to three same-sex couples who will now have unprecedented access to the Prime Minister at the small event. Same-sex marriage is certainly attracting a lot of attention at the moment. A new television advertising campaign is garnering attention and Shelly Argent (OAM), the mum who fronts the campaign, has also been doing the rounds of the morning television shows.

We have all heard of the so-called “Oscar Curse” in which successful actresses reach the top of their game and win an Oscar, only to announce the end of their marriage or long-term relationship shortly afterwards. The recent experiences of Sandra Bullock, Kate Winslet, Reese Witherspoon and Halle Berry seem to confirm the notion that a highly paid, critically acclaimed and successful actress will end up ‘unlucky in love’. In Australia, we have seen the recent demise of Delta Goodrem and Brian McFadden’s relationship (just as Delta’s ‘star’ was rising in the US), rumours of trouble in Danni Minogue and Kris Smith’s relationship, and the end of other high-profile relationships with the demands of time spent apart, distance and hectic career schedules publicly blamed.

As Sydney ground to a halt in peak hour on Friday 13 May, everyone wondered why someone would go to such dangerous lengths as to stage a protest on top of the Sydney Harbour Bridge. It quickly became clear that the protestor, ‘Michael’, was a father raising his concerns over the systems we have in place to resolve family law issues and children’s services. Obviously in this situation, the father involved is feeling helpless and frustrated by his perceived lack of access to his children and the ways in which he feels the ‘system’ is letting him down. But can a protest on top of the Harbour Bridge make a difference?

Unfortunately many family law matters today involve allegations of violence or abuse. Whilst some of these allegations may be unfounded, it has been reported that one in three Australian women will be assaulted or abused in their lifetime. Whilst this figure seems unbelievable to most of us, the sad truth is that we are hearing about more and more cases in which families, and in some cases whole communities, have been destroyed by acts of domestic violence. Earlier this month, a man was arrested in Perth over the murder of his former partner and mother of his child, after a history of violence in the relationship had led her to take out a Violence Restraining Order against him.

Speculation abounds regarding every aspect of the imminent royal wedding between Prince William and Kate Middleton – from who is going to design her dress, to what form of transport she will take to the ceremony and what is on the menu. There's also been speculation in both the mainstream media and online news and gossip sites as to whether Kate has been asked to sign a pre-nup. 

The Sunday Telegraph (10 April 2011) reports that a mother who allegedly kidnapped her child back in 2008, prompting a two year world-wide hunt by her husband, is set to face trial in Sydney.

The Australian Institute of Family Studies carried out an analysis of 190 Family Court relocation judgments handed down between 2002 and 2004. The findings revealed 80% of parents involved in such disputes had high conflict, abusive relationships involving allegations of family violence and prior court proceedings.