Author: Simone Green

When couples with children separate it can mean additional complexity over custody and shared parental responsibilities. Yet what if the child dies? Who decides who can arrange the funeral. A NSW Supreme Court judgment resolved a very difficult...

    Who decides what is right for a child? The parents or the Government? Both! By Australian law parents jointly share the responsibilities concerning the care, welfare and development of their children. Parental responsibility is clearly...

Many grandparents who have been actively involved in the lives of their grandchildren are affected when their children divorce or separate. A restriction on the time spent with their grandchildren, or a refusal to allow access to their grandchildren due...

Who has the legal right to remain living in the jointly owned home? This area of law is known as Right of Occupancy. Before you go and change the locks take care to know the possible consequences. Properties are often owned “jointly” by married...

The NSW Attorney General launched the NSW Relationships Register in 2010. This Register is managed by the NSW Registry of Births, Deaths & Marriages and allows unmarried couples in a committed, exclusive relationship to formally prove that they are...

From 1975 the Divorce Law in Australia has stipulated only one ground for a Decree of Dissolution on Marriage – i.e. that the marriage has broken down irretrievably [s48(1) Family Law Act FLA]. The sole evidence for establishing the breakdown is...

Protecting people from violence is a significant role of Australian laws. The protection of women and children from domestic violence is a topic often covered in the media. Sexual assault is another. A report into the various Federal and State laws and...

Prenuptial agreements have become more common and accepted in our society, yet many couples intending to marry feel they don't need a prenup. But it is worth considering and below, we look at some of the key questions surrounding prenuptial...

The case of TABET V GETT [2010] in the High Court of Australia (12 April 2010) investigated this.   Facts behind the case On 11 January 1991, the appellant was admitted to the Royal Alexandra Hospital for Children with symptoms of headaches,...

There are times when Unsupervised Child Visitation will be denied. An issue often raised in disputed children’s cases is whether or not there is an “unacceptable risk of abuse” to the child if time the child spends with one of the parents is not...