family law canberra

Overseas travel with children after separation

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.

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.

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’.

Consent Orders or Binding Financial Agreement: Which is the best way to formalise my property settlement?

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.

Property Settlements: The “Four” Step Approach

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.

Parenting arrangements after separation

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.