The law’s approach to parenting matters significantly changed from 2006 with the commencement of the Family Law (Shared Parental Responsibility) Act 2006 prompting amendments to the parenting provisions (Part VII) of the Family Law Act 1975 (“the Act”). These amendmentsrepresented a generational change moving away from the traditional views of parenting. It is also influenced…
On 10 December 2018 the Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018 received Royal Assent. It inserts a new section in the Family Law Act 1975 (Cth) – section 102NA which bans personal cross-examination in family law proceedings that involve allegations of family violence. Instead, the court will require the cross-examination…
Changing your child’s name – Can I change my child’s name to Princess Consuela Banana-Hammock? After going through a separation, it is not uncommon for parents to want to change the name of their child or children – usually the child’s surname. Generally, if both parents agree, the process is relatively simple. You can jointly…
The Australian Law Reform Commission (ALRC) has recently published their radical proposal in what could be a complete upheaval of the family law system. The ALRC makes 60 recommendations in which they outline various methods they believe could improve the Family Courts and legislation. This review is the first review of the family law system…
The Rules of Engagement: When the weddings bells won’t sing, who gets the ring? If you received a $15,000 + engagement ring, would you throw it in the bin? This was the question raised in the matter of Papathanasopoulos v Vacopoulos in the NSW Supreme Court. In 2005 Mr Vacopoulos proposed to Ms Papathonsopoulos, only…
The High Court has recently ruled that a sperm donor is a father*! *In certain cases. Despite the click bait title, don’t fret! This doesn’t automatically mean that every sperm donation you made that successfully resulted in a child makes you a father. This was a very particular case where the man who donated the…
THE RELATIONSHIP’S OVER, BUT I’M STILL A PARENT Your relationship may have come to an end, but that does not stop you from being a parent. Joint decisions will still need to be made about how to raise your child and about important long-term decisions such as schooling, important health matters, religious upbringing or moving…
The existence of the blended family is becoming more and more common in today’s society. According to a study conducted by the Australian Bureau of Statistics in 2007, one in ten families contain stepchildren. The more common the blended family becomes in society, the more society recognises the importance of the role that step-parents play…
Parents have a legal obligation to financially support their children. Between 1 July and 30 December 2018, 1,067 individuals have were banned from international travel for failing to meet their child support obligations. That period has seen $15 million in debt recovery, compared to the total of $17.5 million recovered in the 2017-18 financial year….
After separation, it is not as easy as saying goodbye to your ex-partner and moving on to never see them again. Where there are children of the relationship, your life may suddenly seem confined to a certain area. Suddenly, you have to consider your life, including support systems, job prospects and raising children, in a…
