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BRISBANE FAMILY LAW BLOG

Domestic Violence and Family Violence

Family violence is not acceptable under any circumstances and can include threatening or intimidating behavior by a person that coerces or controls a member of the persons family or causes a family member to be fearful. This can be in the form of physical, emotional, financial or sexual abuse. Examples would include: Stalking a previous

CHILD SAFETY Family Law Blog September 23, 2014

Child Safety

Are you aware of your rights to contest any decision made by the Department of Communities (Child Safety) in relation to your child or children?

Family Law Blog September 22, 2014

If You Are Having An Affair Men Beware

This is a matter that went all the way to the High Court of Australia. A husband who had an affair with his sister-in-law promised the sister-in-law that she could have a cottage on a rural property where he and his wife resided. It was held by the Judges in that matter that no reason

CHILD SAFETY Family Law Blog September 22, 2014

Mother Seeks Orders For The Child Of Her Marriage To Reside With Her In The USA

This was an application brought by the Director-General, Department of Family and Community Services under the provisions of the Hague Convention which involves Australia and America. The mother was an American citizen. During the marriage the parties with their children resided for periods of time in Australia and for periods of time in the USA.

Family Law Blog September 22, 2014

What Are Add Backs To A Matrimonial Property Pool

The Family Court has powers to add back to the property pool the value of any assets sold by a party without the consent of the other party and where the party who sold the property gains a financial benefit. The Family Court can order that the value of the assets sold be added to

Collaboration Family Law Blog September 16, 2014

Collaborative Practice in Australia

A large portion of marriages in Australia end in divorce. The proportion of divorces involving children is 48.8% (Australian Bureau of Statistics).  The breakdown in de facto and same sex relationships is possibly greater than the breakdown in marriages. The divorce passage is far from easy for those people.  Until recently unless parties could agree

What To Do In A Separation?

What To Do In A Separation or Conflict? It is always beneficial to arrange counselling for yourself and your partner in order to: Resolve the difficulties which have occurred in your relationship in an endeavour to maintain your family relationship If the difficulties cannot be resolved then counselling is also beneficial to enable you to

Family Law Blog Family Law News September 9, 2014

New Chief Justice of the Supreme Court of QLD

The present Chief Justice of the Supreme Court of Queensland Tim Carmody held judicial office as a Judge of the Family Court of Australia from 2003 until 2008. His background prior to his appointment was mainly in the criminal area. He was a legal officer assisting the Fitzgerald Inquiry into police corruption from 1987 to

Divorce Family Law Blog September 2, 2014

Divorce Rates in Australia

QUESTION: Which Australian State or Territory has the highest number percentage of recorded divorce rates against marriages? ANSWER: Queensland had the highest crude divorce rate of 2.5 divorces per 1,000 estimated resident population, while the Northern Territory had the lowest of divorce rates in Australia at 1.7 per 1,000 estimated resident population.Tasmania, ACT and Queensland reported the highest proportion of all divorces involving children,

Child Custody Application and Sole Parental Responsibility

We are currently involved in a case in the Family Court involving a former army officer now suffering Post Traumatic Stress Disorder who served Australia in both East Timor and Afghanistan and a child custody application. The wife originally brought an Ex Parte application (meaning that she was seeking orders without serving the husband with

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