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Category: Family Law

Navigating Change: A Guide to the Family Law Amendment Act in relation to Parenting Proceedings

Wednesday, 17 April, 2024

On 6 May 2024 changes to the Family Law Act 1975 will come into effect. One of the central aspects of the amendments is an emphasis on promoting the welfare of children in family law proceedings. The changes made simplify the list of “best interest factors” the court must consider when determining parenting arrangements, as well as removing the presumption of equal shared parental responsibility and associated equal time considerations.

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What happens to the Family Pets in Family Law Proceedings?

Wednesday, 20 March, 2024
the role of a family relationship consultant

Due to the emotional bond we have with our pets, many of us regard them as integral and valued members of the family. But did you know that the Family Law Act 1975 (Cth) does not have a specific provision relating to pets?

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Social Media and Family Law Proceedings

Sunday, 10 March, 2024

Social media use is something that has become so normalised that for many people, it is their primary means of communication with others. Whether it be sharing photographs or reels on Instagram or comments on topical issues on Threads; social media provides us with the opportunity to connect with an abundance of likeminded individuals in a digital world.

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Does Australian Law Apply?

Tuesday, 23 January, 2024

When people separate after being married or in a de facto relationship, the laws relating to the re-distribution of property after that separation will vary depending upon the choice of Court to determine the issues between them.

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Parentage

Tuesday, 12 December, 2023

Section 69V of the Family Law Act 1975 (FLA) provides that where the parentage of a child is in issue, the court may make an order requiring any person to give material evidence.

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Choice of School – Ask the child

Thursday, 12 October, 2023

Choosing a child's school is a parenting matter under the Family Law Act

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Secret Recordings in Parenting Matters

Wednesday, 7 June, 2023

The Commonwealth Evidence Act provides that illegally obtained secret recordings are not admissible in Family Law cases unless the benefit of the evidence outweighs the undesirability of admitting illegally obtained evidence.

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Informal Property Settlement Agreements

Tuesday, 9 May, 2023

The fact that parties enter into an informal arrangement to divide their property does not preclude either party from applying for orders for property settlement under the provisions of the Family Law Act

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Family Law Watchlist

Friday, 6 January, 2023

The Australian Federal Police maintains the Family Law Watchlist for family law matters. It identifies whether children are leaving Australia, and your child may appear on the Watchlist in circumstances where the Court has issued a parenting order limiting or preventing the child's overseas travel, issued an injunction limiting or preventing the child's overseas travel, the child is the subject of a parenting order application currently before the Court that may limit or prevent overseas travel, the child is the subject of an application for an order to place the child on the Family Law Watchlist or the child is the subject of a parenting order or injunction under appeal.

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Child support and Foreign Income

Thursday, 22 December, 2022

Foreign income can be captured as Target Foreign Income pursuant to Section 43 of the Child Support (Assessment) Act 1989 and Section 10A of the Social Security Act 1991. Target Foreign Income is the total of the amount of the parent’s foreign income as defined in Section 10A of the Social Security Act 1991 that is neither taxable income or received as a fringe benefit as defined by the Fringe Benefit Tax Assessment Act 1986 and any other amount of the parent’s income that is exempt from tax under Sections 23AF and Sections 23AG of the Income Tax Assessment Act 1936 less the amount of losses and outgoings incurred. This component of your income will only become known to the Child Support Registrar if it appears in your taxation return, meaning you have declared it voluntarily. It is also possible that this income may be ascertained upon any application made for a variation of child support assessment by the payee.

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Family law, divorce, wills and estate specialist family lawyers for Adelaide and South Australia.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.