Co-parenting is when two parents work together to help raise a child after a separation or divorce, with each parent taking an active role in the child’s life. While co-parenting after divorce can be a challenging prospect for parents, it is an excellent arrangement in terms of providing your child with a stable, supportive environment...
There is often confusion concerning what it means to be in a de facto relationship in Australia. Many people are unsure as to when a relationship is legally considered to be de facto, as well as the potential legal considerations that can accompany the breakdown of a de facto relationship. Here, we answer some common...
Under the Family Law Act 1975, children have a right to a meaningful relationship with both parents, especially if their parents are separated or divorced. It is presumed that once a couple separates, they will share equal parental responsibility of their children. However, there are instances where sole parental responsibility can be obtained. What is...
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...
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