What happens when there is no agreement on the child’s surname?

The Family Law Act gives each parent parental responsibility for their children, which includes all of the duties, powers, responsibilities and authority which, by law, parents have in relation to children. It is clear that one such area of authority is the capacity to give the child a name. Indeed, parents are under an obligation to name their children both by operation of local statute and international law. Read More

“50/50” – What does it Really Mean After a Separation?

Frances Edwards, an accredited family law specialist at the firm, Edwards Family Lawyers, is of the view that the family law reforms regarding parenting arrangements for families after separation have lead to confusion, misconception and, in some cases, unnecessary litigation. Read More

Children Behaving Badly: Estrangement & Family Provision Claims

It is often a strongly held community view that in circumstances where a child is estranged from their parents, or has behaved badly toward them, that parent is entitled to leave that child out of their Will, or reduce any provision they may otherwise have made. Read More

Companies, Trusts and Third Parties in Family Law

Whilst a company is a separate legal entity, parties in contested proceedings before the Family Court often make the mistake of assuming that matrimonial assets owned by a private company, or trust, are protected and quarantined from the property settlement between the parties. However, there are various ways for the Family Law Courts to exercise its jurisdiction over companies and trusts in which parties to a marriage or de facto relationship have an interest. Read More

Facebook, Family Law and Paternity

Australian Courts are keeping up with technological advances. The most popular social networking site, Facebook, currently with 500 million active users, has recently been used by the Federal Magistrates Court as a tool for serving legal documents.

In the April 2010 decision of Byrne & Howard, Federal Magistrate Stuart Brown allowed a paternity test order to be served via Facebook upon a man, who is the alleged father in child support proceedings. Read More

How Much Child Support Will I have to Pay?

This is a question that is often asked by parents when they have separated. The answer is different for every family.

Examples of factors that will affect the Child Support that you pay or receive include the number of nights the children are in your care and each parties’ incomes. Read More

International Child Abduction

The European Court of Human Rights (ECHR) in July this year has caused much controversy in a decision handed down by the Grand Chamber concerning an international child abduction case.

The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) applies to cases involving children that have been wrongfully removed from one signatory state to another, contrary to the custodial rights applicable to the child. Read More

Overseas Assets in Family Law Property Disputes

Parties to an agreed property settlement, or litigants involved in property proceedings before the Courts, must take into account and carefully consider any overseas assets or resources they have.

If you have overseas assets or resources, they must be disclosed to the other party.  The Australian Courts can make Orders which are binding on a party to the proceedings to deal with overseas assets and resources in a particular way, or the Court may make Orders which take into account the existence and value of the assets overseas. Read More

Watch List Orders: How to Stop Your Spouse Taking The Children Overseas Without Consent

A common dispute amongst separated parents is the question of overseas travel with the children.

This can be a particularly serious and contentious issue in circumstances where the proposed travel is not consented to by the non-travelling parent and there is a genuine fear that: Read More

What Happens to my Superannuation or Pension After Divorce/Separation?

When parties separate or divorce, a major consideration will be the division of assets. Many people who seek legal advice on property settlement issues after the breakdown of their relationship or marriage are often unaware that superannuation, retirement or pension funds, whether held in Australia or overseas, could be considered an asset and be subject to Australian splitting Orders or other types of splitting or sharing Orders obtained overseas. Read More