Family Law Blog

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

“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.

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.