Archives: faqs

Do grandparents have the right to visit and see their grandchildren when their children divorce or separate? The principle guiding the Family Law Act of 1975, remains as ‘what is in the best interests of the child'. The Family Law Act recognises the...

Looking for advice on separation or divorce? Streeterlaw's free Parting Ways: Divorce and Separation is a guide to your rights and responsibilities. The booklet comes with a series of YouTube videos answering some of the most frequently asked questions...

No. Every child custody matter is determined by the relevant facts of the matter. In some instances, where the child is very young and the mother has been the infant’s primary caregiver, it is likely the Court would make an order consistent...

In Australian family law, grandparents do not have an automatic right to spend time with their grandchildren. This situation can arise due to the divorce or separation of their own children. However, grandparents may bring an application before the Court...

Divorce Lawyers in Sydney can be found on the internet, in local newspapers and even at shopping centres. Yet selecting a divorce lawyer is an extremely important step in moving forward and achieving justice. Finding a good lawyer in Sydney is not...

No. Except in exceptional circumstances, no child will give evidence in court. In some cases, the child may have their own lawyer appointed to them by the Court to speak on their behalf. See Family Law case examples on the Family Law...

The term “custody” and “residence” of children is no longer used in Australian Family Law and has been replaced with the phrase “lives with”.  “Child custody” is however still the most commonly understood term used. In a divorce or...

Yes. 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 supervised. This language comes from the High Court Decision M v...

Yes but only with a splitting order by the Court made pursuant to S90MT of the Australian Family Law Act 1975. It is possible to split superannuation between the parties in most cases. See Family Law case examples on the Family Law...

Superannuation is generally treated as property, although a different form of property, by the Court. Superannuation interests can be split between the parties in certain circumstances although cannot generally be taken as cash prior to the age of...