Blogs

Who gets sole occupation of the home after separation?

A typical issue when a relationship ends is who will continue to reside in the matrimonial home and who will vacate. If parties are unable to reach an amicable agreement, they may go before the Family Law Court to determine who will receive sole occupation, in the...

What happens when a surrogate decides to keep the child?

Surrogacy arrangements can be a long and difficult journey for both intending parents and the surrogate. It is every intending parents’ worst nightmare to hear their surrogate say that they want to renege from their surrogacy agreement by terminating the pregnancy or...

What is contempt in the Family Court?

In the recent case heard at the Federal Circuit and Family Court of Australia (Division 1), Justice Gill made orders of six months imprisonment of Ms Trach, a mother who was found guilty of contempt for failing to provide information about location of her missing...

What is a prenup?

You may have heard of people asking for ‘prenups’ from discussions with friends, in the news, in movies or even songs, as Kanye West so famously sung ‘we want prenup, we want prenup, yeah!’. So, what is a prenup? Are prenups legal in Australia? How can you ensure your...

Can my ex decide on my child’s COVID-19 vaccination status?

Regional Victoria’s recent case, Karcher v Lacoss, Judge O’Shannessy made orders providing for the father to have sole parental responsibility for COVID-19 vaccinations and other vaccinations of their child. The questions raised at the interim defended hearing were...

In Australia, who gets custody of the children?

In Australia, who gets custody of the children? There is no such thing as father’s rights or mother’s rights in parenting arrangements under the Family Law Act. The only right considered by the Family Law Act is the child’s rights. Despite this, you may be asking...

How much does a family lawyer cost?

Before you engage a family lawyer, you may be wondering how much does a family lawyer cost? The answer is, it depends. It will depend on the level of seniority and experience of the family lawyer and the nature and complexity of your matter. Depending on the level of...

How is property split in a separation?

If you are looking for a lawyer to advise you on how property is split in a separation in Australia, we have the answer to those questions on the below link (See ‘How Does the Court Divide Property’). Each case, however, is quite different and lawyers rely...

Can infidelity affect child custody arrangements?

Can infidelity affect child custody arrangements? Infidelity can create a lot of animosity and resentment between parties. The question is, is it ever relevant to child custody arrangements? Infidelity will rarely affect child custody orders or arrangements. In...

Can I get my child vaccinated in the Family Court?

On the 8 March 2022, Trevor McKenna reported to the Family Law Section of the Law Council of Australia on what the Court says about COVID vaccination of your child.   On 25 January 2020 Australia confirmed its first case of COVID-19. 13 months later in February...

Can a parent keep a child away from the other parent?

Can a parent restrict access of their child to the other parent? It is not uncommon in high conflict child custody battles for one parent to deny or restrict access or limit the time the other parent spends with the child. So, is it possible for one parent to stop the...

How to pick a family lawyer

Separating from your spouse is one of the most stressful life experiences that you can go through. It is extremely important that you choose the best family lawyer to reduce the time, expense and emotional toll on yourself. So, how do you go about finding the best...