Parental alienation is a complex and emotionally charged issue that can arise in the context of family law disputes. It refers to a situation where one parent engages in behaviours that undermine the child's relationship with the other parent. This experience can have lasting consequences for the affected child.
Advances in technology and the use of social media have led to an increase in technology-assisted violence and abuse. Social media, texting, email, and surveillance devices can be used by domestic violence perpetrators as methods and tools to stalk, harass, and abuse their victims. This results in the victims of this type of abuse feeling like they are unable to escape their abusers. It is important to recognise abuse through means of technology and understand what you can do to stop it.
In the complex landscape of family law, few issues are as emotionally charged as the care of children. It is common for parents to question what they are legally obliged to do and their decision-making rights about their children. For instance, parents often struggle with knowing whether they can stop someone from contacting or seeing their child. Sometimes this is about contact with the other parent, but at other times the contact is with another significant person, such as a grandparent. Unfortunately, in neither case does the law provide clearcut guidance, although there are principles that can help to determine the best course of action.
Navigating the complexities of parenting arrangements after separation or divorce can be challenging, especially when it involves moving house or travelling with children. The Family Law Act 1975 (Cth) serves as the foundation for addressing issues related to the care of children after separation in Australia. Generally, parents should make all important decisions for their children together. This extends to decisions regarding the relocation of the children within the country, as well as travelling with the children. This article explores the legal aspects and considerations involved when it comes to moving children within Australia and travelling with them after separation.
Separation is often a challenging and emotionally charged time in a person's life, usually accompanied by significant decisions regarding living arrangements. One common question that arises during this period is whether it is legally permissible to change the locks on a property after separation. Unfortunately, it is difficult to give a simple answer to this question as it depends on a number of factors, including whether the property is rented or owned, and whose name is on the relevant paperwork. Understanding the law regarding the occupancy of a property is crucial in navigating this situation within the bounds of the law.
Mediation is a valuable and widely utilised method for resolving legal matters. This alternative form of dispute resolution is particularly valuable when it is desirable to maintain a relationship with the other party after the dispute, as is often the case in family law matters. Mediation offers a collaborative and less adversarial approach to addressing family law issues related to separation, divorce, parenting, property division, and more. This article explores how mediation works, when it can be used, the benefits it offers, what to do when it does not work or may not be appropriate, and how to prepare for family law mediation.
Subpoenas play a very important role in discovering evidence and information in family law matters, especially when the other party is not complying with requests for information. There is a lot of work involved in applying, filing, and serving a subpoena, which can quickly become a complex exercise. Generally, subpoenas should only be used as a last resort, and we recommend seeking legal advice before applying for a subpoena.
A parenting plan is an informal written parenting agreement that includes parenting and care arrangements for children but has not been formally approved by the Family Court of Western Australia (FCWA) . Parenting orders (or consent orders) are written parenting agreements that have been approved by the FCWA through an application made to the court. Parenting orders may also be made by the court after a hearing.
Just because a couple is living together it does not automatically mean they are in a de facto relationship. There are many different factors in determining whether two people are living in a de facto relationship, such as whether they share bank accounts, are in a sexual relationship, and whether they are known as a couple to family and friends.
Do you have a grudge with your ex? Think twice before airing it on social media! Social media is commonly referred to as modern day ‘Surveillance’ for family law matters. What you post on your social media accounts may be used against you to damage your credibility by your ex or their legal representative. Therefore, you must be very careful what you post or preferably, even disable your social media accounts while your family law settlement is in progress.