Parental child abduction is a serious matter in Australia. Regulated by The Family Court, a parent may be charged if they unlawfully take their child from its habitual residence or from the other parent/guardian in charge of its custody. If you believe there’s a chance your ex-partner might ‘abduct’ your child or children, there are...
Divorce can be a long, complicated process. Not only is it an emotional decision, but it is also a significant financial decision. If you are separated or considering separating from your spouse, there are numerous things you should know and need to do in order to prepare for your divorce and make sure you are...
When one spouse inherits money after a couple separates, it can be unclear whether or not this inheritance can be included and dealt with in the couple’s property settlement. Should it be considered as part of the asset pool or should it be considered a separate financial resource? We explain everything you need to know...
Declaring bankruptcy can have a significant impact on family law disputes, and it is not uncommon for the Family Court and Federal Court to deal with the bankruptcy of a party to a de facto relationship or marriage. Bankruptcy combined with divorce or separation can be an extremely stressful and emotional experience. Each case can...
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...
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...
