Your bags are packed, the cruise is booked, but you realise that the passport you hold for your child has expired. Or you find that they never had one to begin with. In Australia there are three ways in which a passport can be obtained for a child.
The Family Court and Federal Circuit Court have jurisdiction to deal with the property of de facto couples who have separated. Separated couples however may not be sure whether they are ‘entitled’ to a property settlement, depending on whether or not they were living with their former partner.
So, you may ask, what is the difference between a de facto couple, as compared to a couple who has been dating?
Keeley & Ness  FCCA 644 is a recent Federal Circuit Court case concerning a mother’s application to relocate with her 7-year old son to Queensland, which was opposed by the father. The mother wanted to relocate as she was experiencing financial difficulties and had a lack of family and social support in Canberra.
People going through a separation are understandably under a lot of pressure; often financially and emotionally. It may seem tempting to reach out to others on social media for support or validation but there can be serious repercussions and unexpected consequences of doing so.
Things to remember...
There are many situations that may lead to children being placed in the care of family members other than their parents. This can be through concerns for mental illness, drug or alcohol abuse, financial instability, or simply needing that extra support. But as the grandparent, aunt, uncle, cousin or family friend who has the child in their day to day care; should you consider applying for a Court Order for parental responsibility?
There are many advantages of obtaining independent legal advice from a family lawyer. Most importantly, you will find out whether an agreement reached between you and your former partner is appropriate, based on your individual circumstances. There are also many practical benefits to obtaining legal advice following separation which you should take into account, including:
We thought we would take a moment to reflect on our first year and what Robinson + McGuinness has achieved in that time.
It is advisable to obtain advice from a family lawyer if you are considering overseas travel with your children, and you have not formalised any parenting arrangements in relation to your children.
Invariably, it will depend on your circumstances whether it is advisable to either take your children overseas for a holiday, or to allow them to be taken overseas on a holiday by another person.
In some cases, it is a criminal offence to take children overseas.
Separated couples negotiating a property settlement have obligations to provide complete disclosure of their financial circumstances.
The duty is not only to your former partner, but the duty also extends to the Court itself. Pursuant to Rule 13.04 of the Family Law Rules and Rule 24.03 of the Federal Circuit Court Rules, parties must make full and frank disclosure of their financial circumstances.
One of the considerations when applying for a divorce is that the Court will want to know that appropriate arrangements are in place for any children of the marriage after separation. This includes whether there are appropriate financial arrangements in place. One consideration will often be the payment of child support.
It is common that after separation, one party may wish to move from their current location to either return to their hometown, or to move elsewhere to start afresh.
Unless you have the prior written consent of the other parent, it is not advisable to move without the consent of the other parent of your children, or what is commonly referred to in the family law jurisdiction as ‘unilateral relocation’.
Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?
If you want to enter into a property settlement, you need to understand the options available to you and make informed decisions.
The Full Court of the Family Court has adopted an approach which is applied during Court proceedings involving property matters. Lawyers giving advice about reasonable outcomes in a property matter use this process as a guide to advise clients about what they are entitled to.
There is one very common question among parents who are separating or have separated: “Will I get custody of the kids?”
The treatment of an inheritance can have a significant impact on negotiating a property settlement with a former partner.
Much depends on whether you have already received the inheritance or whether you are expecting to receive a future inheritance
Children are entitled to have their views heard and considered as part of the decision making undertaken by Courts in determining their future living arrangements. The Family Law Courts offer a number of avenues for children to express their views. The paramount consideration is the best interests of the children. This does not always align with their wishes.
Formalising a property settlement servers your financial ties and will prevent your former spouse from seeking an adjustment of property interests between you. If you have not entered into a formal property settlement, your former spouse may have a claim on your assets.
After separation most parents are able to reach agreement about arrangements for their children, but for some it takes longer than others. Unless there are Court orders in place, both parents continue to have parental responsibility for their children after separation. This means that there is an obligation on both parents to consult with one another and to attempt to reach agreement about arrangements for their children.
When a marriage or a de facto relationship ends, there are a lot of emotions being felt by both parties and those around them. There can be feelings of guilt, relief, anger and despair. These are all a very important part of the grieving and recovery process. As well as dealing with these emotions there are often questions about when issues of care arrangements for children, property settlement or divorce can be dealt with.
Many of us hope to find a life partner, have a fulfilling work and home life, maintain good health, acquire property and perhaps have children. For a great many of us, some, if not all of these things are achieved and we go through life dealing with the ups and downs and challenges that it presents. For some of us, however, we achieve the first part, but then after a period of years our relationship breaks down.