Federal Minister can issue passport for child. A passport will not be issued to a child unless each responsible parent consents or there is an order of the Court about international travel. The Minister has discretion to issue if: 1. case is exceptional; 2. child’s welfare would be adversely affected if not permitted to travel; […]
How often do we hear of family members (non-parents) stepping up to care for children when for some reason one or both parents cannot. Can they or indeed another non-parent such as an aunt or older sibling apply for a parenting order to define their authority? Most definitely-section 69 C (2) provides that any person […]
A lot can happen in a few months and the legal landscape has changed as well for this type of case. For a long time the rule in Rice and Asplund applied. That is, the Court must first find a significant change in circumstances. The new section 65DAAA of the Family Law Act now applies. […]
Family (also often called discretionary ) trusts have been protecting assets, policing family benefit sharing, simplifying inheritance and spreading family income and the tax that goes with it. On average, many of those trusts can theoretically benefit parents, children , grandparents, grandchildren, siblings and aunts and uncles, all multiplied by two to include their spouses – so, many […]
Divorce is the legal end of a marriage (dissolution of marriage). Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage. The only […]
What is Guardianship and Administration? Guardianship or someone being appointed as an administrator applies in situations where an individual with a disability has limitations on their ability to make decisions for themselves, whether that be for their personal life, financial affairs, or their housing. They may need someone to make all those decisions, or perhaps […]
What is Family Violence? Family violence is defined in s5 of the Family Violence Protection Act 2008 (Vic) as being behaviour that is physically, psychologically, emotionally, economically abusive or otherwise threatening, coercive or dominating behaviour that causes a family member to feel fear for their safety or wellbeing, or for another (such as a child). […]
Sometimes, parenting disputes can lead to parenting orders to be made by the court, which are orders that outline the parenting arrangements for a child or children of a relationship or marriage. These orders will include information about who the child/ren will live with and where, whether one parent has sole parental responsibility, and who […]
A Binding Financial Agreement is shortly called as BFA. As per the Family Law Act 1975 (Cth) the agreement can be entered at any time of the relationship before, during and after. The agreement deals with all financial and property issues between the parties, including the claim for spousal maintenance. The agreement must be drafted according to […]
Pursuant to the information on the Australia Taxation Office’s website, individuals who are financially affected by COVID-19 can access some of their superannuation early. Those individuals will not need to pay tax on any amount released to them and will not need to disclose it when lodging their tax returns. Eligible parties can apply to […]