I want them to leave! – Who gets to stay in the family home?
Amelia Cox – Family Law Team Leader After separation, some couples whether married or de facto, choose to continue to live together in the family
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Amelia Cox – Family Law Team Leader After separation, some couples whether married or de facto, choose to continue to live together in the family
The Backstory Our client, the Husband, was a father of four children from a previous relationship. After their marriage, our client moved into the Wife’s
Have you recently separated and want to finalise a property settlement? Did you know you might be entitled to some of your former partner’s superannuation?
Amelia Cox – Family Law Practice Team Leader For many of us, Christmas time is synonymous with family time. The school term draws to a
Have you recently separated from your partner and want to divide your assets on a final basis? Are you having difficulties reaching a workable co-parenting
AMELIA COX – FAMILY LAW PRACTICE LEADER This year 1 September 2021 did not just mark the first day of Spring but also welcomed a
COVID-19 RESTRICTIONS AND PARENTING ARRANGEMENTS As the NSW Government announces a further 4-week lockdown and further local government areas are forced into a stricter lockdown,
When you are considering whether a Lottery Win is including in your property settlement with your spouse or de facto, timing is important. Part of
A Conciliation Conference is a court managed form of alternative dispute resolution which occurs for financial matters filed in the Federal Circuit Court and Family
What can a Family Lawyer do for me? First and foremost the job of a Family Lawyer is to provide information and advice relating to
The Courts have responded to the COVID-19 pandemic by ensuring that matters continue to be heard remotely if needed. Judges, lawyers and court staff have
At Brazel Moore Family Lawyers we are always encouraging health co-parenting however, it is quite common for clients to present chains of disrespectful emails or
There are some important issues to consider following separation! Going through a marriage or relationship breakdown can be a very distressing time and most often our
Don’t miss our upcoming Family Law. Do you need family law advice on – Your legal rights after separation; Getting plenty of time with your
In the 2017–19 NSW Domestic Violence Death Review Report, 99% of domestic violence-related homicides were characterised by coercive control. Research by Professor Evan Stark, the
So You Can’t Reach A Family Law Agreement – What Happens Now? So you and your ex-partner have tried come to an agreement after separation
The question of who is a parent is what the High Court of Australia was asked to consider when it heard an appeal in April
With the current Covid 19 Crisis, the Family Court and Federal Court of Australia are now moving to conducting necessary hearings by video link. The
So you’ve decided to separate. What happens now – Firstly, the decision to separate from a spouse is a huge decision and should not be
What is a Pre-nuptial Agreement? These Agreements are for people intending to enter into either a marriage or a defacto relationship but the Agreement must
A new appeals case relating to parenting has thrown some doubt on the importance of communication between parents when considering an equal care arrangement. An
In an extraordinary case in Newcastle a mother of an 11 month old baby was restrained from breastfeeding the children because her recent tattoo put
Christmas and children for Divorced Couples. Family Lawyers usually see an upswing in disagreements between parents if they have no arrangements in place for the
In Family Law Divorce, Division of Property and Childcare Arrangments are all treated separately. It is important to be informed about Divorce and time limits.
Actress, Mary-Louise Parker who starred in the television series Weeds has written a book on past men in her life without name them. The interesting
The answer to this is no, unless you have the written permission from the other parent. If you are already in the Court System in
Inheritances are treated as a financial contribution by the person who receives it. It also depends on when the inheritance was received and what it
It is always suggested that you seek legal advice prior to making any agreement with your spouse. Some people mistakenly believe that it is a
Some people think that if they transfer property prior to a property settlement then that property is safe from their spouse. This is not the
This is a question that is often asked of Family Lawyers. Many people believe the answer is dicated by convention, tradition and morality, rather than
There are several factors that determine whether you are in a defacto relationship. Firstly the relationship must be of an intimate kind and not just
The recent television incident where Channel 9 were doing a story on children taken to a foreign country has highlighted the problem of parents taking
Pope Francis has released much anticipated guidelines on the Church’s approach to love, sex and marriage. The 260 page document lays down revised teachings on
A recent case has caused many domestic violence commentators to slam the Newcastle Family Court. The case involved Ms T and Mr S who had
There are many organisations that can assist parents with dealing with the children after separation. What do we tell them? How will they cope? These
Drew Barrymore has confirmed she has split from her husband. 41 year old Barrymore, who has been married three times, revealed she and husband Will
In family law cases it depends on when the lottery was won and who paid for it. If the ticket was purchased using joint funds
A farming couple with assets totalling about $13 million has asked the Family Court for assistance in dividing their flock, after the wife complained she
If you believe social media it appears that Osbourne family members Sharon and Ozzie are headed for divorce after 33 years together. This goes
There are 14 factors a Court must take into account when deciding what is in your children’s best interests. They are as follows: The benefit
An Apprehended Violence Order (AVO) is an order that is aimed at protecting a person from another person. An AVO specifies what the Defendant (the
If you are not coping with your Divorce or Separation, it is important not to underestimate the need for counselling or support from Professionals. There
What happens if Family Court Orders are breached? Normally if Family Court Orders are breached, a party to the Orders can file what is called
Adoption and Family Law are complex areas of Law particularly when it comes to same sex couples. Whilst same sex couples are currently treated the
Unless you are divorced there is no reason why you cannot claim for a property settlement from your broken down relationship 10, 20 or even
Christmas can be a stressful time when parents are separated, especially if it’s the first one. Research has shown that kids do far better when
A Binding Child Support Agreement (BCSA) is an agreement made between 2 parents in relation to child support after the parents separate. In most cases
What do you do if you know or suspect that the other parent is using illegal drugs or using alcohol to excess? If you are
Under the Family Law Act, when a separated couple needs to have their property split, one of the steps in the process is assessing the
This is a matter that needs to be dealt with on an urgent basis if you don’t know where the children are.You should seek legal
If you are unlucky enough to be in the Family Law system, the Court process can be quite daunting. The first court date usually occurs
Consent Orders are Orders that you agree on and are then made by the Court in your absence. Consent Orders can be in relation to
Some grandparents only see their grandchildren at crowded school events or from the sideline at sporting occasions. In Australia, grandparents have legal rights to approach
An AVO can have a significant impact on a parenting matter. Family violence is treated very seriously by judges and can be the reason that
Once you are separated there are time limits for seeking assistance from the Court in property matters only. Parenting matters can be bought to the
In England between the early 1600’s and the lat 1900’s there existed a custom of wife selling. This was generally done by way of public
Who gets the family home after separation depends on who can refinance the property taking into account there is likely to be a payment made
A recent case in the Family Law courts has bought to the forefront the law on name changes. This article will summarise the law in
Separated couples often can agree on how the house, cars, and joint accounts will be split between them, but often settlement comes unstuck right at
Brazel Moore Family Lawyers is happy to welcome Accredited Specialist Family Lawyer, Amelia Cox. With a passion for helping people, Kate is able to provide
Is your ex partner refusing to give back what’s yours? You have legal rights and we can help. If you’ve been through a breakup and
Family law is a complex beast and it is no wonder why it is very difficult to wade through without a family lawyer. However, there
When Family law clients who have recently separated from their partner or spouse first arrive at our offices, they usually have a percentage figure in
If you are in the Family Court System, you will likely be frustrated with the delays. It can be as long as 2 years from
In a lot of the parenting/children cases that come to our office, the first question is often, “How do we get to court?”. Going to
A decision of the Family Court in Darwin V Gryner is an illustration that the affection and care the child feels for a step parent
The Federal Circuit Court has recently considered the application of the mother of a young child in Year 6, to change her school in order
When making a costs order in Family Law matters, a Judge of either the Federal Circuit Court or Family Court of Australia, hearing the cost application will exercise his or
In our previous article we spoke of costs in the Family Courts and how a Judge will be satisfied as to when your former partner
Parents are responsible to provide financial support (child support) for their children regardless of: Whether they were married, in a defacto relationship, never lived together,
In our earlier article we spoke of Binding Child Support Agreements and how they can override or substitute an assessment from the Child Support Agency.
As mentioned in our earlier articles there are 5 steps a Court will work through when deciding how to divide the assets of a couple.
Urgent Recovery Orders are powerful orders which are used when a parent does not return a child. Often our clients’ worst nightmare is when children
A Married man has been found to be in a de facto relationship with sex worker in the de facto jurisdiction. A recent case before
As discussed in previous articles, when assessing the division of an asset pool in a family law property settlement matter, there are 5 steps which
Turning your business into a company can be a great way to accelerate the development of your business. In Family Law, companies are not immune
A family trust can be a useful vehicle in a family as it allows you to manage your family assets in a way that offers
When a husband or wife comes to our office, often the first thing they ask for is a Divorce. As mentioned in previous articles, there
A recent judgement delivered by the High Court on 8 November 2017 has re-emphasised the non-binding nature of “Prenups” or Binding Financial Agreements. This article
Christmas is always a very stressful time for all involved in a separation, both separated parents but more particularly the children involved. Christmas should be
The Family Law Act states that a spouse in a marriage is liable to maintain the other spouse by way of spousal maintenance if they
A recent matter heard in the full Family Court has garnered attention as it has overturned a previous case that said that Court authorisation was
Who gets custody of children is a question often asked of our Family Lawyers. In working through who makes decisions about the children, where the
Grandparents rights to have contact with grandchildren? The Family Law Act 1975 (“the Act”) makes provision for a parenting order in relation to the child
Who gets “Custody” and how “Parental Responsibility” is determined of a child is a question often asked of our Family Lawyers. In working through who
Who gets “Custody” of a child is a question often asked of our Family Lawyers. In working through who makes decisions about the child, where
In complex or difficult parenting cases your lawyer or the Judge may see fit to appoint an Independent Children’s Lawyer to represent your child or
In most Family Law Property Settlement cases there is a transfer of property between the separated couple, be it the former house, a car or
In high conflict parenting matters, child abuse and family violence to the children are commonplace. The Family Courts take domestic violence very seriously and unfortunately,
This is a common question asked of our Family Lawyers and the answer is when they turn 18 years of age. However, a Court can
Facebook, Instagram, Twitter, Snapchat etc. Social Media sites can be the undoing of some parents with screenshots containing damning evidence often found attached to Affidavits
Selling all your assets to your sister or relative for $1 so that you protect your assets from a family law claim may seem like
Parenting Orders made by the Family Courts must be followed by parents. But what can a parent do when those arrangements need to change?. According
A common reason parents come to see our family law solicitors is where there is a dispute about the children’s passports. These disputes can range
A recent decision by the Full Court of Australia highlights how important it is for separating couples to formalise their family law property agreement with
Earlier this year the High Court of Australia ruled that the Family Courts have the power to direct the Tax Office to substitute Tax debt
On 11 September 2019 amendments to the Family Law Act 1975 with respect to cross examination of self-represented parties where there are allegations of family
Family Law Gosford are an experienced friendly team of lawyers and solicitors with offices in Gosford and Wyong, servicing the legal needs of the Central Coast community since 1981. Family Law Gosford specialise in divorce, property matters, children matters, defacto relationships, estate planning and financial agreements.