Blog
What does “best interests of the child” mean in family law?
Where parents cannot agree to parenting arrangements outside of Court, they can make an application to the Court to make a decision. The Court is only able to make orders that are in the “best interests of the children”.
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Who gets the family pets after separation or divorce
For many families, pets such as dogs, cats or birds are well-loved members of the family. But what happens to your pets when your relationship breaks down? It’s important to know how pets are treated during separation and what arrangements can be made for them.
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Can parenting orders be changed?
Parenting orders are orders of the court that provide for parenting arrangements, and as such, they are legally binding. Parenting orders can only be changed in very specific circumstances.
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What if my attorney takes advantage of my power of attorney?
The powers granted to an attorney under a Power of Attorney may be significant. This creates the risk that some attorneys may abuse their appointment for personal gain. We look at ways you may prevent an attorney from taking advantage of your Power of Attorney what to do if you suspect that they are taking advantage of their position.
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Does the executor of a Will get paid?
The tasks an executor undertakes can sometimes be complex and time consuming. An executor of a Will may seek payment for their efforts and time in administering an estate.
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Preparing for separation from your partner
If you’re thinking of separating, there are some steps you can take to prepare for your separation which may help make the process less stressful for you and your partner whilst also protecting your family law interests.
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Can I make handwritten changes to my Will?
When updating a Will, some people may be tempted to simply handwrite and initial changes on the original Will. This poses the question, “are handwritten changes to my Will valid?”
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National Contravention List to enforce Family Court Orders
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
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What is a Child Impact Report?
The Family Court often requires information about your child and may order the preparation of certain reports. One of these reports is known as a Child Impact Report.
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What happens if I die without a Will?
Having a valid Will enables you to decide who receives your estate after you die. If you die without a valid Will, the law decides who gets your assets. This is referred to as the laws of intestacy.
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Drugs and alcohol in family law property settlement
Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach. Seeking experience legal advice will help protect your financial interests.
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Superannuation splitting in family law property settlement
Many people do not think about superannuation when it comes to negotiating property settlement after separation. However, it is often a significant asset of a relationship and should be considered when dividing property.
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