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Can I move away with my children?
This week I put the question out there to my family and friends – what family law topic do people want to hear about? I had some interesting replies, but one of the serious ones was whether a parent can move towns or states with their children if they have...
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Do I Have the Right to See My Children?
As someone who attends the Family Court and Federal Circuit Court on a regular basis, I often hear parents say to the Court “I have a right to see my children.” You may think this might be commonsense, that parents have the right to see their children, but in fact,...
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Family Violence Hurts Everyone
If your partner smashed a plate on the floor would you think that was Family Violence? Would your answer change if they did it once or if it started happening on a regular basis? If your partner told you your family is not allowed to visit your home, would you think that...
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Who is the best family lawyer for me?
Most people probably think that a family lawyer is a family lawyer – and you just have to find one (and preferably a cheap one) if you are separating from your partner. But finding a family lawyer is one of the most important decisions you will make at the time...
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The Risks of Relocation
“Clandestine”, “surreptitious”, “deliberate deception”, “blatant cunning and deceit” says Judge to describe the actions of a Mother who relocated with her three year old daughter from the New South Wales region to Tasmania, without telling either the Court or the Father. In 2012, a Mother relocated with her daughter, 3...
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Gender Bender
‘Sex’ and ‘gender’…same thing, right? Wrong. These words have different semantic meanings which is important to understand. ‘Sex’ is about one’s biological makeup. That is, their chromosomes, gonads and genitalia. So penis = male, and vagina = female. So what about intersex people? ‘Gender’ on the other hand is often...
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New Approach to Protecting Children from Harm
The Family Law Act focuses on protecting children from harm and the Attorney General’s Department has recently commissioned the Family Law DOORS framework (which stands for the “Detection of Overall Risk Screen”) to assist professionals, including family law specialists to detect risks to the safety and wellbeing of their clients...
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Are you in a ‘defacto relationship’ or a ‘relationship’?
By Ann Northcote, Director of Farrar Gesini Dunn. In this month’s blog post, we look at whether or not there ever was a relationship for the purposes of the Family Law Act, and in particular property settlement and maintenance. The English language is still yet to have the perfect words...
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Family Law…On a Personal Note
How many times has this happened to you; you’re at a party with people that you are meeting for the first time, or you are having a quiet after work drink and you meet someone new, or your new hairdresser is making polite conversation with you, or you are even...
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Considering a Surrogacy Agreement – You Need a Specialist Family Lawyer
Surrogacy agreements are becoming more common in today’s society where the definition of a family is becoming more diverse than just the “nuclear family”. The law around surrogacy in Australia is complex and different laws apply in different states and territories. In the ACT, commercial surrogacy agreements (where you pay...
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It’s not just a divorce lawyer you need to see when you separate
Separating from your partner is a stressful experience, and the process can be overwhelming, but it is important to get advice from the right people as soon as you can, to make sure you are protected. Once you have your team in place, you will be able to explore all...
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From Little Things Big Things Grow
Ann Northcote advises on the things you can do to make separation smoother. Separation is a huge step. Sometimes, while dealing with the big issues, little things are left behind. Doing the right thing in small ways can make for an easier transition to living separately and also build some...
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