Bind a third party in family law proceedings
How to bind a third party in family law proceedings. Generally speaking, the Federal Circuit Court and the Family Court make orders that only bind the parties to the proceedings. However, the courts have the power under section 90AE of the Family Law Act 1975 (Cth) (FLA) in relation to proceedings between married parties to make a property order or under section 90AF, FLA to issue an injunction, to bind a third party and to alter their property interests. An injunction can restrain or prevent a person from acting. A third party is broadly defined by section 4 FLA as being any person who is not a party to proceedings ...
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Family law expert advice
Family law expert evidence It may seem time consuming and expensive to have formal valuations conducted to get family law expert evidence. It can mean the world of difference though to your outcome for property settlement. If you would like some practical legal advice including options available to you, contact our experienced Brisbane Family Lawyers or our North Brisbane family lawyers. We can assist you in all areas of family law, including family law property settlement, maintenance claims and parenting arrangements. We will advise you regards likely outcomes for your particular circumstances so that you can make an informed decision and retain control over how your family law issue is resolved ...
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Parenting time that is supervised
Parenting time will sometimes need to be supervised, but is this the same thing as parenting time in the presence of another person? If you would like some practical legal advice and the options available to you, contact our experienced Brisbane Family Lawyers or our North Brisbane family lawyers. We can assist you in all areas of family law, including parenting time, supervised time with children, other parenting arrangements, family law property settlement and maintenance claims. We will advise you regards likely outcomes for your particular circumstances. You can then make an informed decision and keep control over how your family law issue is resolved. You are also welcome to read on ...
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Contravention application in parenting cases
Contravention application A contravention application made by a party in a family court matter arises where one party is claiming that the other party is in breach of final Orders. When parties agree final consent orders setting down arrangements for the care of their children or instead go to trial asking the family court to make orders, it can often be very difficult to predict what will or will not work for their family in the future. As life changes and children grow up, we can find that the Orders made some years prior don’t suit one or both parties any longer. In cases where one party decides to deviate ...
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Parentage dispute family law proceedings
Parentage disputes can figure strongly in disputes about a person’s liability to pay child support. It sometime happens that where a child support assessment is issued against a person, that person then disputes that he is a parent of the child; parentage is in dispute. Under s107(1) of the Child Support (Assessment) Act 1989 (Cth) (“CSAA”)), where effectively a child support assessment has been issued, an application may be made for a declaration that a person should not be assessed to pay child support due to a parentage dispute. Child support as assessed is still payable after such an application is made but the amount paid is likely to be ...
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Recovery order in family law proceedings
A recovery order in family law proceedings may be sought in appropriate cases. On or around separation, it sometimes happens that one parent may decide to pack their belongings and move away with their children to a place where they can make a fresh start. The parent may want to do that for a number of reasons. Where young children are involved, a parent with no extended family support where the family had been living before separation may wish to move with the children to live close to his or her parents or siblings. In other situations, a parent may have a new relationship with someone who lives in another ...
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Substantial contributions in a de facto relationship
If a person makes substantial contributions during a de facto relationship and the relationship comes to an end fairly quickly, that person may still have a claim for property settlement against the former partner depending upon the effect on that person if orders for final property division were not made. Under the Family Law Act 1975 (Cth), a court may make an order for division of property only in there has been a de facto relationship of at least 2 years’ duration or if there is a child of the relationship. Even neither of those requirements is met, a court may still make a final property order if the party ...
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Sexual abuse in parenting proceedings and allegations
Sexual abuse in parenting proceedings and related allegations must be addressed on the evidence before the Court. In appropriate cases, a Court may determine that compelling inferences are open on the evidence before it. Where allegations of sexual abuse in parenting proceedings are made in relation to a child, any finding made by the trial judge regarding those allegations will stand on any appeal unless they are contrary to the evidence or compelling inferences or are obviously improbable. It is not necessarily enough to succeed on allegations of sexual abuse in parenting proceedings to rely upon affidavit evidence of a parent or alleged key witnesses. The consistency of that affidavit ...
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Drug use & parenting proceedings
Drug use by a parent is a matter that is considered by the family courts when determining what living arrangements are in the best interests of children. Contact us! Our child custody lawyers Brisbane or child custody lawyers Brisbane Northside will advise you regards how a parent’s drug use can affect the outcome of your parenting matter. We are able to advise you concerning any area of family law and offer complimentary advice during your first call with us. You are also welcome to read on….. In the matter of Lemus & Lemus [2019] in the Federal Circuit Court of Australia, orders had been made in October 2018 for children ...
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Extension of time to appeal in Family Court
Extension of time to appeal is only allowed in the family court in limited cases. Under the Family Law Rules 2004 (Cth) (“Rules”), a party has 28 days to file an appeal following orders being made. An extension of time to appeal may be granted by the court where there are adequate reasons provided for failure to comply with the timeframe for filing a notice of appeal. However, adequacy of reasons is only one factor that the appeal court considers when deciding whether or not an extension of time to appeal will be allowed. The grant of an extension of time to appeal is not automatic. The discretion which the ...
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