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How to Win Choice of School Dispute
If one parent has sole parental responsibility, then they may on their own proceed to enrol the child where they consider is best for them. But what of the common situation of parents who have shared parental responsibility but are unable to agree as to schooling, whether this be…
Alcohol, Child Custody and Parenting
Where alcohol consumption is at a normal level and poses no risk of harm to the children or other parent, it is unlikely that the mere fact of alcohol being consumed would, on its own, lead a family court to draw any adverse conclusions as to that parent’s parenting…
Your Free Guide to Spousal Maintenance
Spousal maintenance is when a former spouse or former de facto partner agrees to, or is ordered to, provide ongoing support to their ex partner following the breakdown of their relationship.
This is known in some countries as alimony. The word “alimony” is not commonly used in the Australian…
Exclusive Sole Occupancy of the Matrimonial Home
The issue often arises during relationship breakdown as to who will remain living at the former matrimonial home and who will move out. Some people can manage to resolve issue by consent; while others agree to remain separated under one roof. But in many cases agreement is unable to…
Protect Your Property and Assets After Separation
Since the identification and value of property is usually considered as at the date of the final hearing, a common issue in property settlement after separation is how to prevent the dissipation of assets. Ultimately prevention is the best cure and the sooner a property settlement can be achieved…
How to Divorce with Substituted Service
Unless you are applying for your divorce jointly, you will need to serve the other party. Unfortunately, it sometimes happens that you cannot locate your spouse to serve the divorce application. This can occur for any of a number of reasons. If you are unable to locate your spouse,…
What are Consent Orders?
If both parties have reached agreement about child parenting and/or financial property arrangements and want to formalise the agreement to make it binding, they can apply to the Family Court of Australia for consent orders. Consent orders do not need to be served. There are many potential pitfalls when…
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…