For some couples, expanding their family to include children is a long and difficult process. It can be physically, emotionally, and financially arduous, and it raises the question – should IVF treatments be considered by the courts when determining a property settlement? Courts take into consideration contributions to the relationship that are both financial and non-financial in nature.  For example, if one spouse gives up paid employment to stay home and care for children, their contribution is taken into consideration. In the case of Lee & Hutton (2013), a couple were living toge ..read more

An Independent Children Lawyer (ICL) is an experienced solicitor who is appointed by the court to represent a child. Generally, their role is to assist the court in reaching a decision in the best interests of the child. However, they are not appointed in every case. Case law sets out what the role of the ICL is and what criteria applies for that appointment. Overall, the ICL should act as an ‘honest broker’ between the parties. The criteria for appointment broadly involves cases, where: there are allegations of child abuse. there is intractable conflict between the parties. the child is al ..read more

Navigating different parenting styles is a familiar challenge for most couples. But when parents go their separate ways, those differences are highlighted more than ever and can lead to conflict. One mum recently had a question about what kind of activities her ex-husband could do with their seven-year-old daughter, of whom they shared custody. The dad and his new girlfriend had taken the daughter for a “substantial” haircut, as well as a go-karting outing. The mother felt that a drastic haircut without consulting her was inappropriate and that go-karting was a dangerous activity she did not ..read more

How will our Property be Divided? The Family Law Act sets out how property is divided, for married couples and for de facto couples (who separated after 1 March 2009). What is a De Facto Relationship A de facto relationship is defined in the Act as “the relationship of a couple living together on a genuine domestic basis”. Whether such a relationship in fact exists requires careful consideration in each case. A de facto spouse is able to pursue a property settlement if it is just and equitable to do so and provided one of the following conditions exists: The parties have lived in a de ..read more

Just because a child is undertaking further education after turning 18 does not mean that a parent is required to continue to financially support that child.  Adult child maintenance is entirely separate from child support, it involves different legislation, different considerations and it has no prescribed formula. The key factor for determining whether adult child maintenance will be ordered is whether the money is “necessary” in order for the child to complete their tertiary education.  A recent Family Court case has considered when financial support will be “necessary”. The Fac ..read more

Michael Lynch Family Lawyers is thrilled to announce the inclusion of two of our esteemed team members in the 2024 Doyles Guide. Tarah Tosh and Kirstie Colls, both Accredited Family Law Specialists and leaders within our firm, have been recognised in the Doyles Guide Leading Parenting & Children’s Matters Lawyer Rankings – Brisbane, 2024. Additionally, Tarah has earned a spot in the Doyles Guide Leading Family & Divorce Lawyer Rankings – Brisbane, 2024. Doyles Guide, a reputable and impartial organisation, conducts assessments of individual lawyers and law firms through extensive res ..read more

When separated parents are unable to agree on anything, what happens to their children? In a recent case, the courts were presented with a situation that was the culmination of years of infighting, bitter accusations, and toxic parenting. The couple had two girls, aged 8 and 6, and according to the judge, the children had been “embroiled in the most bitter of disputes between their parents for almost the entirety of their young lives”. “The apparent mutual disrespect that each of these parents have toward each other and their respective roles in the lives of their children, coupled with thei ..read more

When should an asset not form part of the property pool? In some cases, when it’s a military pension. In a recent case, a judge was found to have made an error by counting a military pension twice during a property split – firstly as a capitalised asset, and then secondly as a future source of income. The couple married in 2006 and divorced in 2020. They had four young children together, who primarily lived with their mother after the couple separated. The husband qualified for a military pension after his medical discharge from the armed services in 2010. He served for more than 27 years, a ..read more

We’re thrilled to announce that our Senior Associate, Kathleen Dare, has received a praise from the Queensland Law Society (QLS) for her remarkable 25-year membership. In recognition of Kathleen’s contributions and dedication to the service, Kathleen has been presented with a special honour pin. Kathleen has extensive experience in various family law areas, including divorce proceedings, property settlement matters, parenting issues and more. Kathleen seeks to resolve clients’ disputes by negotiating settlements – where possible – to avoid the expense and stress, as well as to achieve the be ..read more

Deciding where your children will live when you’re going through a relationship breakdown and separation is no easy task. One arrangement that is increasingly popular is called “bird-nesting” or simply “nesting”, where the children remain living in the house, and parents take turns each week staying with them. It’s an ideal solution for the early days of a split – the kids stay in the home they’re used to with all their belongings, they don’t have to change schools, and there’s no concerns over where pets are going to live. For parents, they get one week with the children, and one week livin ..read more