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.read more
The future of Same Sex Marriage in Australia
The High Court has found that the ACT Marriage Equality (Same Sex) Act 2013 is of no effect. Although some groups who are anti gay marriage are treating this as a win, the better view of the ruling is that it actually helps the case for marriage equality.read more
‘Sex’ and ‘gender’ – same thing, right? Wrong. These words have different sematic 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...read more
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...read more
Taxing your settlement
The ATO has released a draft ruling that has the potential to reduce the amount that high-wealth individuals receive from property settlement by nearly half. For high-wealth families it is not uncommon for them to hold their assets in private companies and trusts for tax reasons and for asset protection....read more
The Christmas period and the Christmas school holidays can be a difficult time for separated parents. The Family Court requires that, if there is a dispute about parenting, it be filed before 8 November, which has now passed. The Federal Circuit Court of Australia will accept applications if the circumstances warrant...read more
The ACT Marriage Equality Act – what’s all the fuss?
The Marriage Equality Act 2013 (aka ACT’s same sex marriage law), drafted by the ACT Labor Government, has caused a stir! For now at least, same sex couples in the ACT can get married. The legislation provides an avenue for marriage for those who cannot be married under the Commonwealth’s...read more
Same-sex relationships and Family Law
The ever-present topic of gay marriage highlights some issues surrounding the rights of same-sex couples. What rights do same-sex couples have in family law? In a nutshell, the answer is that in Australia, the same laws apply to same-sex couples as to de facto heterosexual couples when it comes to...read more
Social Media and Family Law Proceedings: What's the Big Deal?
You’re probably thinking “how on earth are family law and Facebook related?”. Well, as I’m sure you’ve seen, when a relationship is strained (as it inevitably is in family law proceedings), it is not uncommon for the parties to publicly air their dirty laundry on Facebook, Twitter, YouTube, etc. At...read more