divorce

When can my child decide who to live with?

This is one of the most common questions that family lawyers are asked by parents who are separated.

The Family Law Act 1975 and case law does not define the age for when children can decide who they live with. Generally, Courts are more likely to give greater weight to adolescent children’s views and wishes, in light of their developmental maturity in comparison to younger children. However, all family law matters are determined on a case-by-case basis and even the views of teenagers are not determinative.

Social media and separation: do's and don'ts

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...

Duty of Disclosure: I’ll show you mine if you show me yours

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.

Child Support and Trusts: Is planning long-term for your children detrimental to you in a property settlement?

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.

Relocation and Recovery Orders

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’.

When times change...

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.