After separation, it is common for children to spend time at each parent’s separate residences. Some ex-couples choose to live relatively close to each other, however, there are instances where a a parent may wish to move a significant distance from the other parent, or, in other instances, move to another city, state or country...
It’s a common question that we receive here at Emerson Family Law. As Covid-19 continues to affect our lives and the Australian economy, a concern for many people, is the effect on the value of assets and “property”, such as houses, shares and superannuation. For those in the middle of the divorce process, a common...
On Wednesday 29th April, 2020, the Family Law Court in Australia saw the establishment of the Covid-19 List (also referred to as a Joint Practice Direction): a list dedicated to dealing with urgent family law disputes that may have arisen as a result of the Covid-19 pandemic. During the months of March and April this...
Recent restrictions imposed by the ongoing COVID-19 pandemic indicate increased cause for concern when it comes to the safety and well-being of those experiencing domestic and family violence. This was highlighted by a Monash University study of family violence victim support practitioners, which found that almost 60 per cent of practitioners said the pandemic had...
For parenting matters and child support payment issues, a mother may wish to request a court ordered paternity test to confirm the biological father of the child. In some instances, a father may also wish to prove that he is the biological father, and sometimes, prove that he is NOT the biological father. If you...
Step parent adoption in Qld is organised through Adoption Services Queensland. Adopting a step child is a legal process whereby a step parent becomes the permanent adoptive parent of their spouse’s child/children. It is a very serious decision that the courts do not take lightly and can be a complex process. We are going to...
In Australia, a parent that doesn’t reside with their child/ren may be responsible for providing them with financial support, particularly if they are under the age of 18. But what happens when a child turns 18? Can a parent still claim adult child maintenance from their ex spouse? What Does Legislation Say? The Child Support...
Undoubtedly, COVID-19 has affected us all, especially if you are (or you know of someone who is) at risk of domestic and family violence, especially with the need to self-isolate or social-distance, which may increase the risk of abuse. Remember – domestic and family violence is not just “physical.” It can include any of the...
Recent media reports a sudden “rise” in divorced couples seeking quick sales putting downward pressure on property prices during the COVID-19 Pandemic. Splitting couples already account for “1 in 6” Australian home sales per year and the proportion of “divorce-driven sales” is predicted to rise as other sellers withdraw their homes from the current property...
“COVID-19 has forced us to live together so we can’t be separated…” Fact/Myth? Despite popular belief, separation can occur “under the one roof,” even if parties have continued to live in the same residence or that either party has rendered some household services to the other party, such as cooking meals, cleaning the house, doing...
