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Changing Parenting Orders

In theory, parenting orders are intended to be final and remain in place until the child turns 18 years of age. Yet we all know that parenting arrangements are not static and usually evolve as the children grow older and the parties’ circumstances change. How does family law approach…

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Parenting Plan or Parenting Orders?

A parenting plan is not a legally enforceable agreement and is different from a parenting order which is made by a court. Your parenting plan can be turned into parenting orders. From a practical point of view, it is a good idea to agree on a parenting plan first,…

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Going to Court: What Happens on the First Return Date?

The first court date is also known as the first return date, or the first mention date. As this is the first time that your matter will be listed before the court, it is a very important event. If you are represented by your lawyer, then you do not…

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How to Divorce

The Family Law Act 1975 established the principles of no-fault divorce under Australian law. When granting a divorce the court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get…

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How to Cite the Family Law Act

The Family Law Act 1975 (Cth) is the is the main law on matters involving divorce, property settlement after marriage breakdown or de facto relationship breakdown, spouse maintenance for a party to a marriage, de facto partner maintenance for a party to a de facto relationship that has broken down…

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Going to Court: The Importance of Disclosure

The duty of disclosure requires all parties to provide the court and each other party all information relevant to an issue in the case. This includes information and documents that the other parties may not know about. Parties can request that certain documents be exempt from disclosure on the…

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