Applecross Family Lawyers

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Relocation

Do you want to relocate to another state or to another country with the children, but the other parent will not agree? Read on to find out how the Family Court determines relocation matters.

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Child Support Agreements

In most cases, parents will pay child support pursuant to a child support assessment made by the Department of Human Services. The amount of child support payable will depend on a number of factors, in particular, the parties' respective incomes and the number of nights the children are in their respective care.

 

In some cases, the parties may wish to enter into a private written agreement about the amount of child support that is payable. This may be because the children attend a private school, or have higher costs due to the child's special or medical needs. There are two types of child support agreements - binding child support agreements and limited child support agreements.  Follow the link to find out more about the two types of child support agreements. 

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Christmas and Summer School Holidays

Christmas and the Summer school holidays are almost here!

 

If you and your ex-partner cannot reach an agreement about the parenting arrangements during Christmas and the Summer school holidays, now is the time to start thinking about it. The deadline to file an application in the Family Court is 10 November 2017 (the second Friday of November). However, it is recommended that you file sooner rather than later, as the Court cannot guarantee they will have time to hear your application even if you file before the deadline.

 

If you need help with parenting matters please contact Taryn Glowinski at Applecross Family Lawyers on 9364 9915 or 0474 458 340.

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Mediation | Perth, Western Australia

Family Law Mediation
Mediation <a href="http://www.freepik.com/free-photos-vectors/business">Business image created by Katemangostar - Freepik.com</a>

Mediation is a great way to help you to resolve your family law matter. 

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Choosing a Good Family Lawyer

Handshake Agreement
Handshake Agreement <a href="http://www.freepik.com/free-photos-vectors/business-card">Business card image created by Jcomp - Freepik.com</a>

What are some tips to consider when choosing a good family lawyer? Read our blog post to find out more.

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HBF Run for a Reason 2017

Lifeline (WA). Image from Lifeline (WA) Facebook page.
Lifeline (WA). Image from Lifeline (WA) Facebook page.

On Sunday, 28 May 2017, our Taryn Glowinski participated in the HBF Run for a Reason to raise funds for Lifeline (WA). 

 

Unfortunately, suicide in Australia has reached alarming levels. The current approach to mental health is not working and more needs to be done. 

 

In Australia, in 2014, almost 8 people per day on average, died from suicide. That's 1 person every 3 hours. Suicide is the leading cause of death for people aged 15 to 44 years. 

Taryn aims to help raise awareness and reduce the stigma of mental health issues. 

 

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Recovery Orders | Perth, Western Australia

If your child has been removed from your care, and is not being returned to your care, then you can apply for a recovery order from the Family Court of Western Australia. Read our latest blog post to find out more. 

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Family Law Negotiated Settlements | Perth, Australia

We can help you with your family law matter no matter what stage of the negotiation process you are in. 

 

Have you recently separated from your husband or wife, or your de facto partner, and you want to sort out your parenting or financial matter but you're not sure where to begin?

 

Have you been negotiating your family law matter with your ex-partner for some time now but you feel like you are not getting anywhere?  

 

Have you received an offer of settlement, or come to an agreement with the other party, but you are not sure whether you should accept the offer, or if the agreement you have reached is fair? 

 

Are you thinking about separating but want to get some family law advice first? 

 

If any of the above scenarios apply to you, then we want to help. 

 

At Applecross Family Lawyers, our aim is to help you to resolve your matter in the quickest and most cost effective way possible.  We are highly experienced in negotiating family law matters, and we want to help you to settle your matter and reach an amicable resolution.  We understand that sometimes Family Court proceedings are inevitable, however, we believe that Family Court should always be a last resort.  If your matter is already in Court, we will help you to try and settle your matter and reach a fair resolution, so that you don't have to go to trial.  

 

Contact Applecross Family Lawyers on (08) 9364 9915 or 0474 458 340 to see how we can help you.   

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Family Court Battle Over a Child's Surname

Photo: Sydney Morning Herald website
Photo: Sydney Morning Herald website

Interesting article published by The Sydney Morning Herald about a Family Court battle over a child's surname.  The child's mother is ordered to pay $8,000 towards the father's legal costs. 

 

If you find yourself in a dispute with your former partner about your child's surname, please contact Applecross Family Lawyers on (08) 9364 9915 or 0474 458 340 for legal advice. We offer 15 minutes of free legal advice over the phone. 

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When is it NOT just and equitable to make orders for property settlement?

In Australia, the Family Court can only make orders for property settlement if it is just and equitable to do so (see Stanford v Stanford [2012] HCA 52).  There is not a definitive list of when it will be considered not just and equitable to make orders for property settlement. It will depend on the circumstances of each case.

  

In most cases, it will be considered just and equitable to make orders for property settlement. However, in the recent Full Court decision of Chancellor & McCoy [2016] FamCAFC 256 (delivered on 2 December 2016) it was upheld on appeal, that in this case, it was not just equitable to make any orders for property settlement.  Read our latest blog post to find out more. 

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Parenting Plans | Perth, Australia

If you and your former partner have a child or children together, you may wish to formalise the parenting arrangements, to ensure certainty and reduce any arguments.  You and your former partner can formalise your parenting agreement by obtaining court orders from the Family Court (either by consent or otherwise) or by entering into a parenting plan. 

 

Read this blog post to find out more about parenting plans.  

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Victims are being cross-examined by their violent abusers in the Family Court. Rosie Batty calls for this stop.

Rosie Batty. Photo by Eddie Jim as published by the Sydney Morning Herald.
Rosie Batty. Photo by Eddie Jim as published by the Sydney Morning Herald.

In the Family Court, victims of family violence are often cross-examined by their abusive ex-partner. This is likely to be an extremely traumatic experience for the victims. Rosie Batty advocates for this to stop, as reported by the Sydney Morning Herald on 25 October 2016

 

Provide your thoughts below on such an important topic.

 

If you or someone you know needs assistance with family violence call 1800 RESPECT.

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Consent Orders | Perth, Australia

Settling your matter by consent saves you time, significantly reduces your legal costs, and avoids the need for lengthy and stressful Family Court proceedings. 

 

Have you and your former partner reached an agreement about property settlement and/or parenting matters? Read this blog post to find out how we can help you obtain consent orders.  

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Spousal and Partner Maintenance | Perth, Australia

In America it's called "alimony".  In Australia it's called "spousal maintenance" or "partner maintenance".  So what is it? And how does the Court determine whether it is paid and how much is paid? Read this blog post to find out more. 

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The parents of a terminally-ill Perth boy are back in the Family Court

Perth boy, Oshin Kiszkho, with his mother, Angela.
Perth boy, Oshin Kiszkho, with his mother, Angela. Photo: Elle Borgward - WA Today.

The parents of a terminally-ill Perth boy are being taken back to the Family Court by the boy's doctors. As reported by WA Today, the doctors are seeking orders that the boy undergo further chemotherapy, as well as introduce radiation therapy in a bid to save his life. The boy's parents are refusing the treatment due to the harsh side effects. 

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How does the Family Court of Western Australia determine property settlements?

There are a number of factors that the Family Court is required to look at when determining property settlements. Many people believe that the net assets will be divided 50/50 when they separate.  However, this is not always the case and is an incorrect assumption to make.  Each case is different.  The percentage split and property orders made will be different depending on the particular facts relevant to your case. There is no set formula and it is not a scientific or mathematical exercise.  

 

The Family Court has a wide discretion when determining property settlements but are required to follow a set of clearly established legal principals as set out in this blog post. 

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Pauline Hanson seeks to abolish the Family Court

ABC: Q&A
ABC: Q&A

As reported by ABC News, Pauline Hanson has said she wants the Family Court to be abolished and replaced with a tribunal made up of people from "mainstream Australia". Family law experts disagree. What are your thoughts? 

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Illegal Secret Recordings in the Family Court | Australia

IMAGE: ONE AUSTRALIAN JUDGE RECEIVED MATERIAL MADE BY A PARENT WHO SECRETLY PLACED A RECORDING IN THEIR CHILD'S TEDDY BEAR. (FLICKR/JANINE (CC-BY-2.20))
IMAGE: ONE AUSTRALIAN JUDGE RECEIVED MATERIAL MADE BY A PARENT WHO SECRETLY PLACED A RECORDING IN THEIR CHILD'S TEDDY BEAR. (FLICKR/JANINE (CC-BY-2.20))

ABC News have published an interesting article about the use of illegally obtained recordings in Family Court trials.

 

Do you think secret recordings should be allowed into evidence in the Family Court?  

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Amicable settlements: Can we both see the same lawyer?

We are frequently asked by potential new clients whether they can bring their ex-partner with them, to see us for initial advice with respect to finalising their agreement for property settlement and/or parenting matters.  Read this blog post to find out more. 

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De facto relationships in Western Australia

Were you in a de facto relationship and now need family law advice? Read this blog post to find out more. 

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Children's Matters in the Family Court | Perth, Australia

Do you have a children's matter in the Family Court?  

Sometimes parents who have separated cannot reach an agreement in relation to the arrangements for their children, and as a last resort they seek parenting orders to be made by the Family Court.  The objects and principles underlying the decisions made by the Family Court are set out in this blog post.

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Applying for a Divorce - FAQs (Part 2) | Perth, Australia

Applying for a Divorce?

 

Read this blog post to find the answers to some more frequently asked questions:

 

1. Who can apply for a divorce in Australia?

2. How do I apply for a divorce?
3. Do I need to attend the divorce hearing?
4. Why are there questions about our children in the Application for Divorce?
5. What are the time limits for serving the Application for Divorce?

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Applying for a Divorce - FAQs (Part 1) | Perth, Australia

In most cases, applying for a divorce in Australia is a fairly straightforward process.  

 

Read this blog post to find out the answers to the following frequently asked questions about applying for a divorce:

 

1. When can I apply for a divorce?

2. What happens if my spouse and I do not agree the date we separated on?

3. Can we still divide our assets before we get a divorce?

4. What happens if we were married for less than 2 years?
5. What is the cost to apply for a divorce?

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Family Court of WA orders that a six-year-old boy is to undergo chemotherapy

The Family Court of WA has ordered that a six-year-old boy from Perth is to undergo chemotherapy to treat a malignant brain tumour.  As reported by ABC News, the child's doctor from Princess Margaret Hospital commenced legal action after the child's parents refused treatment. Follow the link to find out more. 

 

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Do I have to share my lotto winnings with my partner if we separate?

In a recent Full Court decision, the husband was allowed to retain the substantial lottery winnings that he had won 12 months into the parties’ decade long relationship (Elford & Elford [2016] FamCAFC 45).  Read our post to find out more. 

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