Family Law

Family law appeals are relatively uncommon. There are several reasons for this. Firstly, family law judgments are discretionary. This means that unlike in some areas of law, where there is a single correct decision that the court should arrive at if it properly considers the evidence and applies relevant legal principles, family law judges have…

The Family Law Act 1975 sets out the principles that are to underpin courts’ decisions as to where children should live, who they should have contact with and any other matters that are to be included in Parenting Orders. The paramount consideration in all decisions about parenting orders is the best interests of the child.…

While the Children’s Court and the Family Court are separate jurisdictions that deal with different types of proceedings, there are some situations where they overlap. While the Children’s Court of Western Australia deals with child protection proceedings, the Family Court deals with family law matters including parenting orders. In some situations, the Department of Child…

When a couple has separated but is in agreement as to the financial arrangements that should be put in place, property orders can be obtained by consent. The parties can file a joint application confirming the terms of the agreement. The consent orders are then made in chambers by a judge or a registrar without…

When a party to litigation does not have the capacity to instruct their own lawyer, because they are below the age of 18 or because they are mentally impaired, a litigation guardian is appointed by the court to give instructions on that party’s behalf. Litigation guardians step into the shoes of the party who lacks…

In 2017, the father of a 16-year-old known as Kelvin applied to the Family Court to be allowed to progress Kelvin’s treatment for Gender Dysphoria to Stage 2. Gender Dysphoria is the condition where a person experiences distress as a result of their gender identity being inconsistent with the sex they were assigned at birth.…

Adoption in Western Australia is regulated by the Adoption Act 1994. Adoption is a permanent legal arrangement, finalised by a court order, that cuts the child’s legal ties with their birth family. Parental responsibility is given to the adoptive parent/s and the adopted child becomes a full member of the adoptive family. This means the…

In December 2017, the Marriage Act 1961 was amended so that the definition of marriage is now ‘the union of two people to the exclusion of all others, voluntarily entered into for life.’ The change followed a long debate over same sex marriage. Same sex couples who have married, whether in Australia or overseas, are…

Under the Family Law Act, property settlements are decided based on how much each party has contributed to the relationship, both in financial and non-financial terms. The conduct of partners during the course of a relationship isn’t generally a relevant factor. But what if a relationship has involved serious violence to one of the parties?…

Go To Court Lawyers has been shortlisted in two categories in the Australian legal industry’s most prestigious awards. GTC has been named a finalist in both the Innovator of the Year Award and the NewLaw Firm of the Year Award categories of the 2018 Australian Law Awards, hosted by Lawyers Weekly. The 18th annual Australian…

The protection of children in Queensland is governed by the Child Protection Act 1999. The act gives the Department of Communities (Child Safety) and the Children’s Court various powers to intervene where a child is at risk of harm. When the Department becomes aware that a family is struggling to care for children, it will try…

Under the Family Law Act, a legal or de facto spouse may claim spousal maintenance after separation. Spousal maintenance is payable if there is a substantial difference in the incomes of the spouses at the date of separation. If a spouse is entitled to spousal maintenance, the spouse with the higher income must provide him…

On 26 June 2018, the Supreme Court of Queensland handed down a decision ordering that Ayla Cresswell could use the sperm of her deceased partner to conceive a child via Assisted Reproductive Therapy (ART). It was a historic decision as no such order had previously been made by an Australian court. The decision has broad…

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…