What is a De Facto Relationship in Family Law
What is a de-facto relationship in Australian family law? In Australia, being in a de facto relationship means three things: But how do you decide whether you are a couple living together on a genuine basis? The Court has regard to all the circumstances of the relationship, but the main factors are listed in Section […]
What family lawyers want you to know about gifts and loans
Are your parents helping you out by giving you a loan or gift? Here is what family lawyers want you to know… Are they giving you money as a gift or as a loan, and why does it matter? This is something you need to decide first (ideally!). If the funds are gifted by your […]
Overseas travel Orders
How does the Court determine whether overseas travel should be permitted? In parenting proceedings, the Court is often faced with determining whether Orders should permit overseas travel. The core of the considerations comes down to the wellbeing of the child and the confidence that the Court has that the departing parent will return. In making […]
Imprisonment for Contravention of Orders in Family Law
While it is typically a remedy of last resort, Courts can make orders for imprisonment if a person breaches orders without a reasonable excuse. Orders for imprisonment are usually only made when the breach is particularly severe or recurrent, or other contravention punishments (such as a fine or a good behaviour bond) would not be […]
Family Violence in Property Settlements
What is family violence? Family violence is defined by the Family Law Act 1975 as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful”. How is it relevant to property matters? When the Court is […]
Custody of Pets in Family Law
What Orders can the Court make? The Court has the power to make orders about companion animals in property settlement proceedings. Companion animals are those kept by the parties of a relationship for the purpose of companionship. This excludes service animals, agricultural animals and animals kept for business or laboratory/experimental purposes. The Court only has […]