Having a mental health condition can often lead to the breakdown of a marital or de facto relationship, and the consequences of separation for such reasons can prove even more difficult to address where children are involved. The primary issue usually revolves around the concerned parent not being present to ensure a child is … Continue reading “Mental Health Assessment and Support in the Family Court”
In advance of a re-Trial ordered by the High Court of Australia, the Family Court of Western Australia was asked to determine two associated Applications brought by the Husband, namely: That Firm Y, and Mr P and Ms D both of Counsel, be restrained from acting for the Wife in circumstances where they also represented … Continue reading “Proceedings Update – Charisteas v Charisteas”
Attending the Family Court can be a very daunting experience. The process is different depending on whether you’re involved in Financial or Parenting matters, and we explain below the different Court events you are likely to encounter. The First Return Date (Initial Hearing) Irrespective of whether you have filed an Application with respect to … Continue reading “Family Court Proceedings – What to Expect”
Collaborative Practice is a non-adversarial dispute resolution process whereby lawyers (and other professionals, such as psychologists, counsellors, child development specialists, financial advisors, tax accountants, etc.) work together to facilitate child and family-focused discussion between the parties to negotiate a practical overall agreement to all aspects of a dispute. Any discussions, correspondence or records of those … Continue reading “Collaborative Practice in Family Law”
There are more than a few widespread misconceptions within the family law sphere surrounding the conduct of a former spouse or de facto partner: Firstly, that the Family Court is an appropriate forum to air one’s personal “grievances” about an ex-spouse’s behaviour. Secondly, that apportioning ‘blame’ to such conduct is a relevant factor to be … Continue reading “The No-Fault Divorce Principle in Australia”
In a Family Law context, DIY separation agreements can present several potential problems and pitfalls. A separation agreement is a written contract between a separating couple wherein they document what they have agreed regarding various issues, mainly related to their property settlement. The main goal of “Do-it-Yourself” separation agreements is to save time and money, … Continue reading “The dangers of DIY Separation Agreements”
Whilst in Primary School, I recall a class-mate feeling very nervous about attending the Family Court to express her views as to whether she wanted to live with her Mum or her Dad. I remember how anxious she was at the time, but after the event she told me she was so relieved that the … Continue reading “Children’s Views in Family Court Proceedings – Not Seen, but Heard”
60-Second Summary Although parties to family law proceedings generally bear their own legal costs, it has long been recognised in the family law jurisdiction that often the wealth of the parties is controlled by one rather than both of them. This is usually most apparent in complex financial matters, though not limited to them. For … Continue reading “Litigation Funding”
How much does it cost to get a divorce from start to finish? The total cost of a Divorce Application varies on a case-by-case basis, but will ultimately be determined by the following factors: the filing fee; associated legal fees (in the event you engage a Solicitor); whether or not evidence of living separately under … Continue reading “How Much Does a Divorce Cost?”
What is relocation in Family Law? After a separation, one parent (or sometimes both) will need to find somewhere else to live. It is not uncommon in these circumstances for a parent to want to move with children to be closer to family support, a new relationship, stable accommodation or to get access to better … Continue reading “Relocation with Children”
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