Tag Archive for: family law

Going through a separation can be one of the most challenging times a person will experience.  It is challenging both emotionally and financially and the challenges faced by parties going through a separation can sometimes lead to poor decision-making.  In our experience, there are some really common mistakes that parties make when going through their separation. Here are our top 5:

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It is no secret that communication is the key to a healthy relationship.  However, communication is also key to a healthy (insofar as it can be healthy) separation.  A breakdown in communication during a relationship can lead to separation and a breakdown in communication whilst going through a separation can lead to heightened emotional stress and difficulties being able to resolve your matter.

As such, we have set out below, our 10 top tips for communicating better with your ex in no particular order:

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This weekend is Mother’s Day, a day that most children recall with fondness in their later years. Unfortunately, for separated parents it can be a difficult day to navigate. To avoid any stress or conflict on the day, it is a good idea to discuss and coordinate a clear arrangement with your former partner now.

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When parents separate, it is very common for one parent to pay child support to the other to assist in financially supporting the children of the relationship.  In lots of circumstances, the payment of child support is collected and administered through the Child Support Agency, an arm of the Department of Human Services in our Federal Government.

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When parties separate, a very common question is, who moves out of the family home?  Another common question is, my friends have told me I need to stay in the house, is that true?

In reality, nobody actually has to move out of the family home for separation to have occurred.  It is entirely possible to be separated and living under the one roof and this is quite a common occurrence.  Sometimes it is not possible for one party to move out of the family home because of a variety of reasons, financial reasons being prime among them.  You generally cannot force the other party to move out, nor can the other party force you to move out – this is so even if one party solely owns the family home.

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What can you do if your ex-partner has taken your children or kept them for a longer period of time than you agreed? The options available to you depend upon your individual circumstances.

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As many of you may know, on and after 31 January 2019 a ‘My Health Record’ will be created unless you choose to opt out. For those of you who haven’t heard about it, a ‘My Health Record’ is an online summary of your key health information, so basically an electronic health care record that will be created for you and your children unless you choose to opt out.  These details will inevitably include sensitive information including confidential health information and address and contact details.

So how does this effect family law clients?

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There is no disputing that we live in an age where technology is incredibly accessible.  So many of us  are dependent upon our mobile phones to assist us in managing our lives.  Our mobile phones can manage our diaries, record precious moments and even answer our questions with just a voice command. In the era of mobile phones, when embroiled in family law proceedings it can become very tempting to try and ‘catch out’ the other party by making an audio or video recording with just the press of a button to be used as evidence.  However, the question is, is this really ever a good idea?

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