What does the Federal Circuit and Family Court of Australia say about vaccinating kids from families with different opinions? The Federal Circuit and Family Court of Australia decide on vaccinating kids based on the child’s best interests when parents have differing views. They prioritise the child’s well-being, considering medical evidence and often engaging independent experts […]
One of the most difficult decisions faced as separated parents is working out family days such as Mother’s Day, Father’s Day and birthdays. We’d like to offer a couple of tips to make the day as enjoyable as possible for both Mum and the kids. Remember, this day is about the children. Plan the celebrations […]
The ‘Best Interests of the Child’ Must go Beyond the Court
Australian family law emphasises the importance of considering the best interests of the child in court decisions. It’s crucial not only for court orders on parenting but also for parents to prioritise the child’s welfare in their interactions and management of their child’s relationship with their former partner. Maggie Dent in her radio program Parental […]
Some years back Brad and Jane separated. There were two very young children of the marriage. Jane had been the primary carer, while Brad assumed the role of financial provider. When the couple parted, they did so amicably. They managed to organise time with the children and their day-to-day finances informally. Jane stayed in the […]
Protection of Assets Obtained after a Relationship Breakdown
Clients often enter into a financial agreement to protect their assets in the event of the breakdown of the relationship. This may include inheritances that they anticipate receiving post separation. The Supreme Court of Victoria – Court of Appeal recently handed down a judgment in the case of Orwin v Rickards [2020] VSCA 225. This […]
Going through separation and divorce is stressful enough at the best of times, and with the current health crisis COVID – 19, it can make things even more distressing. How to implement co – parenting arrangements and how to comply with current Parenting Orders are some of the questions that are concerning parents the […]
At De Saxe O’Neill Family Lawyers, we understand it is a worrying time for all under this COVID – 19 (Coronavirus) pandemic. We are trying to reduce the impact on you as much as possible, and would like to take this opportunity to reassure you that we will continue to deliver reliable and a […]
Equal Shared Parental Responsibility – a Misunderstood Concept in Family Law
By Margie O’Neill 2 October 2019 The Family Law Act refers to parents having ‘parental responsibility’ for the child of the relationship. The Court can decide on parental responsibility to be ‘equal’ (shared by both parents) or ‘sole’ (exercised by one parent). Equal shared parental responsibility is not parents having equal time with their children […]
Separation and Divorce Going through separation and divorce can be one of the most painful and distressing times that you will experience, regardless of whether or not you initiated the split. Here are a few tips to help make your life a little bit easier whilst going through this difficult period. Try to relax and […]
When considering how to resolve your Family Law dispute, many people think court is the only option. Collaborative Practice is relatively unknown, despite being a widely utilised method for resolving Family Law matters. To better understand the question ‘Court or Collaborative Pracitce?’ we have outlined a recent court case. The following court case highlights the […]
Stepfamilies and the Blended Family Step-parenting is a common experience in our society. When it comes to step-parenting it is the best interests of the children that must come first and will require delicate handling. It can take years for a family to rebuild, so it is wise to be aware of this and be […]
Merger of The Family Court and the Federal Circuit Court
On 30 May 2018 the Federal Attorney-General Christian Porter announced the merger of the Family Court and the Federal Circuit Court, with the merged court to commence on 1 January 2019. This comes in the middle of a review of the Australian Family Law system commissioned by the former Attorney- General and being undertaken by […]