Family Law

When family law orders are made, whether on an interim or a final basis, they are binding on all parties. Breaching a family law order is a serious offence, unless you have a reasonable excuse. When a party breaches an order, the other party has a range of options for enforcing the order or getting…

When information is needed from a third party relating to the subject of legal proceedings, a party may issue a subpoena for that information to be provided to the court. There are three types of subpoenas: a subpoena for production, a subpoena to give evidence, and a subpoena for production and to give evidence. Subpoenas…

Last year, Federal Attorney-General George Brandis announced that the family law system, which has not been overhauled since the Family Court was established in 1976,  would be subject to a wide-ranging review. Concerns about the current family law system include the length of time it takes for a matter to be finalised, the cost of…

When spoken about in a family law context, the word ‘separation’ describes the termination of a marriage or de facto partnership. A couple is said to have separated once they stop living together as a couple. Unlike marriage or divorce, there is no legal process for separation. The absence of a formal process means that…

Any document filed with a court must be served on the other party or parties. There are different rules as to how to serve  documents of different types in family law matters. While documents that start the court process, also called initiating processes or initiating applications, are generally required to be served by hand, some…

It is unfortunately all too common for a parent to withhold a child from the other parent or to move interstate or even overseas in an attempt to stop the other parent from having contact with the child. In this situation, the other parent or another interested party, like a grandparent, can seek court orders…

Immunisation of children is a process of protecting individuals from illness caused by infection with micro-organisms (formally called pathogens) by vaccinating them early in life. The purpose of immunisation is to prevent people from acquiring infections and to protect them against the longer-term complications of those infections, which can include chronic illnesses, such as cancer,…

While in most of Australia, separating de facto couples may execute a superannuation split to adjust their superannuation entitlements in the same way they may divide the rest of their asset pool. This is not currently possible for de facto couples in Western Australia. In Western Australia de facto couples who have separated cannot split…

If you are going through a separation, it is important to get legal advice on the financial implications of this as early as possible. It is common for one party to a marriage to seek family law advice  and to have commenced making plans for the future before the separation has even occurred, while the…

How an inheritance is dealt with in a property settlement depends on the circumstances of the particular case. When the money was inherited, what the intentions of the deceased were and how the money was used will all be relevant factors in determining whether the inheritance forms part of the asset pool, or is ‘protected’…

Parenting matters are determined based on the court’s assessment of what is in the best interests of the child. The Family Law Act sets out what factors must be considered in assessing what is in the best interests of a child and these include the views of children where they are known. In many cases,…

Whether a man is the biological father of a child can be an issue in a parenting matter or in an application for Child Support. In some cases, a paternity test may determine the outcome of the case. In other cases, a person may be found to have responsibilities for a child notwithstanding they are…

It is a well-established principal of family law that children have a right to a meaningful relationship with both parents. Courts achieve this in a number of different ways. Orders are often made for parents to share the care of children on a 50/50, week-about basis; children may be ordered to live with one parent…

When a couple separates, their asset pool is dealt with in a property settlement, while arrangements for the care of children are made in a separate proceeding, in the form of parenting orders. But what about the family pets? How do courts decide who gets the dog, cat or other animals? The Family Law Act…

The growing use of Facebook and other social media in recent years has had a range of implications for family law matters. It has become increasingly common for social media posts to be relied on as evidence in these matters. Courts have also started allowing for the service of court documents via Facebook in some…

Prenuptial Agreements Prenuptial Agreements are a form of a Binding Financial Agreement (BFA) covered under section 90B in the Family Law Act. A ‘prenup’ is commonly used by parties wanting to enter into a formal agreement prior to marriage regarding financial arrangements, should separation occur in the future. A prenuptial agreement is a formal document…