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Limits of hair follicle drug testing in Family Law proceedings

Drug use by a parent is often alleged in Family Law parenting proceedings, typically in the context of one parent calling into question the ability of the other parent to provide appropriate care for the child/children. Where drug use is alleged by one or both parents, a Court will often seek some independent evidence to

Family Law Questions November 28, 2017

The Critical Importance Of Having A Will

The whole area of succession law in Australia is still dealt with by State Legislation and there are therefore variations in the arrangements and laws between the different states. Victoria has recently passed changes to the legislation in that state that govern what happens when somebody passes away without having left a valid Will. It

Financial Settlements in Family Law

Law in a minute: Financial Settlements When two people separate (after a very long relationship), financial issues can become problematic. Because there is stress involved with the separation itself, and you have to start thinking about how to split these assets up & how to finalize things. This can often become a complicated process, especially

Unsent Text Message Found to be a Valid Will

An unsent text message on the phone of a deceased man was found to be a valid Will in a decision handed down by the Supreme Court of Queensland on 9th October 2017. Before taking his own life in October 2016, the 55 year old deceased man drafted a text message to his brother on

Who Gets The Engagement Ring If The Wedding Is Cancelled?

It is not uncommon to spend large amounts of money on an engagement ring. What happens though if the Wedding does not go ahead? Until 1961, it was possible to sue for damages for breach of promise to marry. Until that point, the courts followed the precedent from an English case that said that if

Varying & Setting Aside Final Parenting Orders

It Ain’t Over ‘Til It’s Over: Varying and setting aside final parenting orders A recent case has moved the goal posts when it comes to re-opening parenting matters after final orders have already been made by the Court. The test adopted by the Courts is that a parent seeking to have parenting orders set aside

Family Law Blog TOP TEN FAMILY LAW September 21, 2017

Who gets the dog? A family law case.

It is not uncommon in our practice as Brisbane Family Lawyers to be asked questions about what happens after separation to the family pet, usually a dog. Sometimes our clients use words and phrases in relation to their pets that we more commonly associate with arrangements for children, such as custody or access to the

How old does a child have to be before they can decide who they live with?

We are frequently asked at what age a child can make decisions for themselves about which parent they will choose to live with. Two cases decided recently in Australia and the UK illustrates very well that the answer to this question is generally that the only definite response is when the child reaches the age

Money Matters: The Top 7 Ways To Turn A Cheap Divorce Into An Expensive Affair

When meeting with a cheap divorce lawyer, undoubtedly, one of your primary concerns would be how much it would cost you to dissolve your marriage and resolve property settlement issues. This is a pertinent concern and in the same way as a lavish wedding ceremony and overseas honeymoon can cost an arm and a leg,

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