Subpoenas are legal orders issued by the Federal Circuit and Family Court of Australia that require the production of specific documents or information, or requires named persons to attend Court to give evidence. An example of when a subpoena may be issued is if one party fails to disclose relevant material [...]
By Anita Petrovic. Parenting orders about time between a parent and their child is not dictated purely by the wishes of the child. However, the older your child becomes, the more likely it is as a matter of practicality that the children begin dictating what time they spend with each parent. [...]
By Molli Clements. In the legal world, errors or mistakes can occasionally occur in court orders despite the best efforts of all parties involved. Luckily, the judicial system recognises this possibility and provides a mechanism to correct these errors promptly. In Australia, the Slip Rule, introduced under Rule 10.13 of the [...]
By Anita Petrovic. One of the primary considerations in parenting matters is the right of a child to have a meaningful relationship with both of their parents as set out throughout Part VII of the Family Law Act 1975 (Cth). So, when will the Court decide that it is best for the children [...]
By Anita Petrovic. Being on the receiving end of an Order for your time with your children to be supervised can be unpleasant (to say the least), particularly where you consider the allegations against you that lead to the supervision Order to have been fabricated. Orders for supervised time between the [...]
Family law matters can be complex and emotionally challenging. Unfortunately, misconceptions about family law often can lead to confusion and misguided decisions. Five common family law misconceptions are debunked below: Divorce settles property and parenting matters Obtaining a divorce only terminates the marriage certificate and does not address property settlement or [...]
You might think you have plenty of time to make Christmas arrangements including holidays and time with children, but think again! The period leading up to Christmas can be difficult especially if you have recently separated or arrangements for your children’s time with you are unclear or susceptible to unilateral change [...]
By Anita Petrovic. Mediation is a key feature at almost every stage of the family law process. Accompanying the changes that occurred in the court system in September 2021 merging the Federal Circuit Court and the Family Court of Australia to form the Federal Circuit and Family Court of Australia was [...]
By Anita Petrovic. More often than not, when couples enter committed relationships, they don't think about the consequences for them financially of separating from their spouse. It may not be sunshine and roses forever, and it is important to have a contingency plan in place. Financial agreements (colloquially known by their [...]
By Molli Clements. Deciding whether to stay in a relationship for the sake of your children or break up right away is a major dilemma for couples. While it may seem like the right thing to do to maintain a stable household for your children, there are several factors that need [...]