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  • For a long time, there has been a fairly standard rule in Australia that an engagement ring is considered a “conditional gift”, meaning that the man gave the woman a ring upon the condition that they become husband and wife. This meant that if the engagement was called off by the woman then the woman […]

  • Recent developments in the Court system seem to indicate that the Family Law Courts are finally embracing technology and the use of the internet. In 2016 the Courts changed the way to apply for a Divorce. An Application for Divorce must now be completed and filed online. This requires a party applying for a Divorce, […]

  • It is not unusual in a family law property settlement to see two parties agree for one person to keep the house and in exchange for this, pay the other person an agreed upon sum of money.. If parties are in agreement about a property settlement then Consent Orders are prepared and filed with the […]

  • In this instance the Father failed to bring his history of criminal offences and family violence to the Court’s attention. He also claimed that the Mothers phone had been disconnected. The court relied on the Father’s evidence and made an Order for the urgent recovery of the children. The children were forcibly removed from their […]

  • Australia has a system of “no fault divorce”, which means that the Court does not consider the reasons behind the breakdown of a marriage, only the fact that the marriage has broken down irretrievably. To apply for a divorce in Australia you must be separated from your spouse for a period of at least 12 […]

  • The issue of travelling overseas with a child can become a major problem for separated parents, especially when one parent does not provide their consent for overseas travel, or refuses to sign a Passport Application.In the absence of Court Orders, either parent is technically able to travel with their child wherever they want. If there […]

  • It is not uncommon for people to refer to their pets (sometimes called ‘fur-babies’) as children. Many couples, especially those without children, view themselves as their pets’ parents. In many ways this is logical… similarly to children, pets require care and supervision – we send them off to puppy pre-school and pet-sitters. It may then […]

  • In today’s society the concept of ‘nuclear family’ is almost foreign; in fact most families are closer to that depicted in the popular sitcom ‘Modern Family’. This has caused the law to adapt to cases outside the traditional family. In a recent case Justice Dessau stated: ‘This Court deals with a full spectrum of families: […]

  • When a child is born they must be given a name which is registered. Following divorce or separation, an issue often arises as to the surname the children of that marriage or partnership are to be known by. This is particularly the case where a parent wishes to revert back to their maiden name or […]

  • Parents are often faced with difficult decisions throughout the entirety of their children’s lives. When children become the subject of a parenting order, decisions about where and with whom the children should live and any issue such as medical treatment and schooling often become a battle of wills between the parents rather than constructive decisions […]