Separations are emotionally and physically draining at the best of times. When children are involved things can get more complicated; not only do you need to look out for yourself during the difficult transition but also your child. Both before and after separation it is important to be mindful of how the separation is affecting …
As Perth family lawyers, we often get asked about who gets the kids on Father’s Day and Mother’s Day. With Father’s Day just around the corner again, now is a good time to start thinking about care arrangements that give your children the chance to share the day with Dad. There is no universal rule …
International travel can be a source of stress for separated families if one party does not consent to the trip. Even if your separation is amicable it is important you are prepared as a single parent travelling with your child. Getting a passport If your child does not currently have a passport both parents will …
Amendments to the Child Support Act (Assessment) 1989 came into effect on 1 July 2018. The amendments apply retrospectively, so affect both new Child Support Agreement and those entered into before the amendments came into effect. If you currently have a legally binding Child Support Agreement with your ex-partner, the amendments may have a major …
During a separation, it can be very easy to get wrapped up in negativity where the care of your child is concerned. These feelings during a child custody dispute are only natural. We can often become overly-emotional and forget how much the separation affects our child. It’s therefore imperative to provide children with the opportunity …
The fly-in, fly-out (FIFO) lifestyle certainly has its challenges, but the old opinion that FIFO families are more likely to face separation and divorce just isn’t true. Studies conducted focusing on the impact of this type of working life have found that married couples that have one spouse working away as a FIFO worker are …
The smell of hot cross buns, the wonderful arrays of colourful Easter eggs, the blissful encounters with the fluffy Easter Bunny, and the excitement of Easter egg hunts are some of your children’s favourite things over the Easter break. It is a holiday that the children usually love and look forward to every year. Nonetheless, …
Maintaining a school routine is difficult at the best of times for happily married or cohabiting couples. Throw a messy divorce, particularly one that has happened over the holidays, into the mix and it can be a recipe for disaster. Emotions are high and everyone is on edge, and the smallest thing can often kick …
So, you are currently a party in proceedings before the Family Court of Western Australia. The process has been very emotional and stressful and your relationship with your former partner is very strained. You are doing your best to ensure the best for your children, but you have some real concerns about the behaviour of …
There are a lot of incorrect assumptions when it comes to divorce and separation. One common misconception is that once you separate in order to finalise a property settlement you must go to court, this is entirely incorrect. It is only one method of dispute resolution but there are many others that are known as …
How do you make sure that you, your ex and your children still have an enjoyable and harmonious time over Christmas? Perhaps you don’t want to go through a Perth Child Custody Law Firm. When you are planning your Christmas, just remember that everything looks better in the D.A.W.N light: D – istract yourself with …
We know that divorce affects children. What we do to help children adjust plays a large role in how they cope successfully. The first step is to know how divorce affects children. Babies You may think that babies under eight months old don’t notice a difference, but they pick up on changes in your mood …
These days there are great risks associated with technology and the internet which may not even cross your mind following separation or when initiating Family Law proceedings. Social Media The impact of online media on your privacy and security may be part of the initial discussions your lawyer has with you to warn you about …
Many parents look forward to taking their children on holidays and overseas trips to create memories to last a lifetime. But what happens if you are separated or divorced? You may find you have difficulty packing up and taking your children on holiday – especially if the situation with your ex-partner is acrimonious. At our …
Relationship breakdowns are challenging – even more so when children are involved. No matter your personal opinion on how or why your relationship ended, keeping your children’s best interests at heart should be at the forefront of every decision you make. Don’t rush out and engage the first Family Lawyer in Perth you see. We …
Sometimes grandparents are stopped from having, or continuing, a relationship with their grandchildren because of a breakdown in their relationship with their own child or the child’s other parent, unfortunately if this occurs the grandparents do not have an automatic right to have a relationship with a grandchild. However, if your child and/or their partner …
Child Support Agency The role of the Child Support Agency (CSA) is to administer a scheme which ensures that children receive adequate financial support from both parents following separation. The CSA can assist with calculating how much child support should be paid and, if necessary, facilitate the collection and transfer of child support payments. When …
Separated or not, making decisions which affect your children can be a daunting experience. For separated parents, the Family Law Act 1975 and Family Court Act 1997 (WA) effectively provide that separated parents are equally responsible for making the major long-term decisions about their children’s lives, unless one parent can prove that the presumption of …
Separating when one party is pregnant presents some interesting legal and practical issues. What are the Father’s obligations? Can you commence proceedings for parenting orders? Can you stop the pregnant woman from relocating elsewhere? Who pays the medical costs? Spousal maintenance To apply for spousal maintenance, you must first be in a position to invoke …
Going through a relationship breakdown is one of the most difficult things a person can go through. Aside from the emotional turmoil that inevitably accompanies a relationship breakdown, you will find that EVERYONE is a family law expert- your friends, the internet and your family often provide [well-meaning] incorrect advice. Here are some very specific …
Despite parties severing all ties after separation or divorce as parents they have an ongoing obligation to support their children financially until, in most cases, the child reaches 18. This obligation is governed by the Child Support (Assessment) Act, and administered by the Child Support Agency (CSA). Assessment Either parent or a non-parent carer can …
The Family Law Act includes provisions that children have the right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development including grandparents. The Court is required to consider when determining what is in the best interests …
Separation from a partner or spouse can be a traumatic and harrowing experience. It can be even more complicated when children are involved. Here are some tips to keep in mind following a separation, that may assist your children to cope: Ensure they have appropriate support: Sometimes they will want to talk to someone who …
In a world that is fast becoming international, global, an interconnected it’s not unreasonable to assume that some Family Court orders will need to operate in different places of the world. International cooperation between convention countries is covered under the Child Protection Convention of 1996. This Convention includes recognition and enforcement of protection measures – …
The Christmas period can be very difficult for the children of separated families particularly when their parents cannot agree on what arrangements are best for their children at the festive time of year. Many families do work it out for themselves, however, if parents cannot agree the Court will have to intervene and impose Orders …
We have recently discovered a fabulous child focused website which parents can subscribe to in order to assist them communicate with one another. We discovered the website because a Judge from the Family Court of Western Australia recommended the website half way through one of our clients Trials. The website is called Our Family Wizard. …
Did you know that there are time limits to commence property settlement and maintenance proceedings in the Family Law Courts? The law relating to limitation periods developed so that people could move on with their lives without being concerned that they would be subjected to litigation in years to come, and so that they could …
Basil Hanna, Chief Executive Officer at Parkerville Children and Youth Care, visited our offices on 12 June 2015 to create greater awareness of their work and the issue of child abuse in Australia. Basil hopes that by continuing to generate awareness, he will encourage people to become advocates for their cause and share their vision …
23 November 2010, published 5 November 2014 Property – Long marriage – Initial contribution of home by Mr Booth the primary asset – Contributions assessed 61/39 of $711K pool (1 per cent being for Mr Booth’s care of children) – No s 75(2) adjustment – Husband’s non-disclosure of earnings FACTS: Mr. and Mrs. Booth married …
After 25 years in law, I know how stressful divorce and separation is, and how demanding and time consuming the process can be. I also know that an organised, strategic and properly managed client case is usually going to be less expensive, less stressful and provide better outcomes for the client. I know from speaking …
Divorce is difficult, very difficult. And, in my 16 years as a Family Lawyer in Perth I have seen families devastated by divorce, but more often than not I see families that grow stronger as separate units. Leaving the past behind them and moving out of the conflict zone. Don’t beat yourself up if you …
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