Category: Family Law

High Court overturns Family Court’s child custody decision

29-November-2010 Family Law By Mark Streeter

Parenting order was impractical in interstate custody battle The long term effects of divorce on children can be significant. One of the most contentious issues is child custody. This is especially important when parents wish to live in different...

Will a Court refuse parent access to their child?

Family Law By Simone Green

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...

Full and frank financial disclosure

Family Law By Mark Streeter

Handing over financial documents to an ex is hard The need for full and frank disclosure by the courts often makes divorcing couples nervous. A common question is "Why do I have to give all my financial documents up to my ex-partner?  I’ve been told...

When is a marriage not a marriage?

Family Law By Mark Streeter

A surprise trip to the Philippines reveals a few surprises for a husband. A recent Family Court decision of 11 October 2010 considered the very technical and legal requirements of an legal application to declare a marriage null and void (MONTY &...

Family Court threatens imprisonment

Family Law By Mark Streeter

Family Court takes the Compliance of Orders seriously On January 10, 2006, following their divorce, Mr Rand + Mrs Rand were given specific orders by the Family Court pertaining to the settlement of their property.  On June 25th, 2007 Mr Rand was found...

Family Court takes the compliance of orders seriously

Family Law By Mark Streeter

    On 10 January 2006, following their divorce, Mr Rand and Mrs Rand were given specific orders by the Family Court pertaining to the settlement of their property.  On 25 June 2007 Mr Rand was found guilty of Contempt of Orders and was to “be...

Family business fraud in marriage separation

Family Law,Fraud and Insolvency By Simone Green

Attempt to reduce family business profit backfires Fraud may occur in any jurisdiction and unfortunately the area of Family Law is no exception. The situation A family company was controlled by one party in a marriage separation. The company...

What is equal share parent responsibility?

Family Law By Simone Green

When you separate who makes the decisions about your children? As a parent you have responsibility for your child. When couples divorce or separate, deciding who looks after the child is determined by what is in the child's best interest. Equal shared...

Wastage of family assets becomes a court Issue

Family Law By Mark Streeter

Shared property gambled away may need to be repaid An issue may arise as to one person’s conduct either during the marriage or after separation when they dispose of matrimonial property. The Family Court is a Court of Equity, that is, they will not...

Separating as a result of domestic violence

Family Law By Simone Green

Domestic family violence is a crime. What should you do and what you should take when separating? Separation can occur by agreement or can occur as a consequence of one party arbitrarily denying the other party access to the primary residence. The law...