When families are involved in Court proceedings, the Court may make interim orders. Interim orders are usually made when there is an urgent issue to be dealt with or for temporary matters. Final orders will then be made by a Court after a contested hearing (or “final trial”) unless parties have agreed to orders by consent prior to a matter proceeding to trial. How do interim orders work in the Family Court? When Court proceedings are commenced, the party filing the Court application for orders sets out if they are seeking interim and final orders or just final orders. If the party is seeking i ..read more

Following separation, an important step is to undertake a property settlement which finalises distribution of any property of the relationship. In order to identify and value the parties’ property, it is imperative to understand what is “property” in Australian family law proceedings. This blog explores how “property” is defined for family law purposes. You can also read more about ascertaining what property of the relationship there is in our previous blog, “Understanding the total asset pool in property settlement”. What is “property” in family law property settlement matters? Property avail ..read more

Many families look to explore international travel to allow their children to soak up the various cultures, experiences and opportunities that come with purchasing a plane ticket. While travel comes with many benefits, the travelling experience may pose difficulty for some separated parents, most importantly obtaining consent from the non-travelling parent. Can one parent decide to travel overseas without the consent of the parent? Generally no, but there are exceptions where one parent has sole parental responsibility or an order has been made providing for the international travel to occur ..read more

Casual and recent commentary from our High Court has created confusion and uncertainty around de facto relationships. Just because you are not living under the same roof or bound by a certificate of marriage does not necessarily mean you are not in a de facto relationship. Determining if you are a de facto couple or not has a significant impact on family law property settlement. This blog explores: how to determine if you’re in a de facto relationship or not; and if you are in a de facto relationship, how property is treated if that relationship ends; and how you can protect your assets if yo ..read more

The time when children are starting school or going back to school after holidays is often characterised by covering school books, purchasing new stationery and packing lunchboxes. But it can also bring about feelings of uncertainty and tension, particularly for children and parents of separated families. Navigating family law matters and co-parenting after separation or divorce is no easy ride, and often a child’s schooling is a point of contention. This blog looks at some critical areas of family law that may assist separated families to manage the emotions of children starting school or goi ..read more

The phrase “best interests of the child” is commonly used in family law proceedings involving children. It conveys a level of ambiguity, and where families are on a path of litigation and asking the Court to decide, the Court then has judicial discretion to determine what is in the best interests for each child. What is in the best interests of one child may not be for another child. However, if your matter is before the Court, unfortunately, a Judicial Officer, a Judge, Senior Judicial Registrar or Magistrate will make a decision as to what is in your child’s best interests. Noting, this Judi ..read more

Superannuation may be the most significant financial asset for parties to a family law property settlement. Much like a house, car or other financial investments, our family courts favourably recognise that superannuation earned during a relationship is accumulated because of contributions, both financial and non-financial, of both parties. It is not uncommon for parties to hide or under-disclose their superannuation assets. Laws introduced in April 2022 have significantly improved the requirement for visibility of superannuation assets in family law matters. Visibility of superannuation laws ..read more

Immediately following separation, there may be uncertainty as to parenting arrangements for you and your children. During this time, it is important to turn your mind to important documentation in respect of your child, such as their passport. This includes: whether or not your child has a passport and whether one needs to be obtained; and who currently has possession of your child’s passport and who should retain your child’s passport. Who can apply for a passport for a child? The Australian Passports Act 2005 (Cth) sets out that the Minister for the Department of Foreign Affairs and Trade ..read more

Division 7 of Part VII of the Family Law Act 1975 (Cth) deals with what is referred to as “adult child maintenance” or “child maintenance”. The purpose of this Division is to ensure a proper level of financial support of children, by their parents, having regard to their respective means. A parent has a primary duty to maintain a child. Often, we would be referencing a child under the age of 18, however, there are circumstances where a child over the age of 18 will be eligible for child maintenance. When may the Court consider an adult child maintenance application? The Court may make a child ..read more

In the era of smartphones and expectations of instant communication, people often send messages, on the spur of the moment, which are riddled with emotion in the middle of their family law proceedings. In this blog, we look at the potential implications for you if your text messages and emails are interpreted negatively by the Family Law Courts. Will the Court see my private communications with my former partner? In short, yes. If your matter proceeds through the Family Court system, the Court (Judicial Officers like the Judicial Registrar, Judge or Magistrate) may well see text messages and o ..read more