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Why Collaborative Approach is Gaining Popularity?

Collaborative Law at the core emphasizes on empowering the parties by facilitating skilled negotiations and settling the crucial matters in family separation like child custody, parental arrangements, financial arrangements, out of court. Both parties and the collaborating team consent in writing to settle the matter without court involvement. If the collaborative approach fails, that is quite unlikely, you would have to hire different family law attorneys; as the collaborative lawyers, will not represent your case in the court. The collaborative law revolves around the idea of reaching a settlement in a humane way focusing on emotional and financial safety and security of...

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Breach of Parenting Orders: What are your options?

Don’t confuse Parenting Plans with Parenting Orders. Parenting plans are not legally enforceable just because they are agreed upon by both the parties involving children. To make parenting plans enforceable, you should get Consent Orders from the Court. The court gives Parenting Orders, directing the parties involved to carry out the parenting arrangement as ruled by the court. The transition of lives post-divorce is quite a challenge and it would be easy for all the concerned if the parenting plans / parenting orders are complied with. However, in some cases, parenting orders are breached leading to chaos in the child care arrangements. So,...

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Travelling Abroad with Child post Separation? Know these Things

Court authorization is required in many instances where the child is travelling abroad, such as;  to get an Australian passport of the child if either of the parent / authorized person does not sign the form or to stop the child to be taken out of Australia. If the child is already taken out of Australia without your permission, you should immediately contact Commonwealth’s Attorney-General’s Office on 1800 100 480 / www.ag.gov.au Prima facie, the application should be filed in Federal Circuit Court first; IF you don’t have parenting case pending in Family Court. If you have parenting case currently in Family...

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Federal Circuit Court / Family Court – What’s the Difference?

Federal Circuit Court and Family Court both hear the family dispute cases in Australia under Family Law Act 1975. However, there are some differences in their scope of operation, that are important for you to know to understand which court to apply for.   Federal Circuit Court 1.       Handles simple family law dispute cases 2.       Other than family disputes, it also takes up cases pertaining administrative laws, human rights disputes and general federal law. 3.       Court proceedings are less formal with proceedings. 4.       Economical charges 5.       Faster case closures 6.       The Federal Circuit Court, if finds the family dispute complex; can transfer the same to Family Court.   Family Law...

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How Child Support is paid or recovered overseas?

The parent, who is either liable to pay child support or receive child support must register with the Australian Child Support Registrar to get/pay the child support arising overseas, in Australia. In such cases, where the child support is to be received from an overseas parent, it should have been assessed, managed, ruled and registered in Reciprocating Jurisdiction. Reciprocating Jurisdiction countries are those who have child support arrangement agreements with Australia. The Australian Child Support Registrar acts as a remittance medium to pay/ receive child support in Australia. The child support is payable from the day the Registrar receives the application. It...

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Parenting Orders: Who can claim?

At the time of divorce, having a good parenting plan and arrangement is utmost important as the court considers the child care and provision strictly and may hold the divorce decree. As mentioned in www.familycourt.gov.au , a parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it. A parenting order may deal with one or more of...

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Handle your separation confidently, empower yourself!

A call for separation from any or both partners is disheartening indeed. But what is more threatening is the uncertainty it brings to the whole family. Number of questions start doing the rounds in your head; how to handle it? What is my financial status? How am I going to provide to myself and my family? How to go about it? How much will all this cost? How am I supposed to arrange money for divorce process? and so on. Yes! Separation and an evident divorce further, can blow your head but stay your grounds and try mulling over these pointers...

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Child Support: Who is the Winner?

Child Support is an amount, either agreed by both the parents of the child by entering an agreement or estimated by Child Support Agency, that is to be provided for child care and support post-divorce. Child Support amount is calculated based on both the parents’ income, age of the child and care arrangements. And varies case to case basis. Co-parenting plans and each parent’s contribution in terms of finances and time sharing with respect to upbringing of children are important factors in deciding child support amount. The parents’ share in the total income decides their share of child support. The child support...

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Lottery Win: Is it up for grabs of your ex?

Generally, the capital gains or a windfall is considered in the asset pool to divide among the couples. However, there are lot of factors a judge considers before deciding what comprises joint asset pool and what remains in the sole ownership of a spouse. If any windfall gain like dividend payouts or lotter win has application of money from joint source or the other spouse, it is shared between the separating spouses, in general contention; but, largely the ruling takes into account the financial lives of the separating couples. That is, how they run their household, how expenses are shared, who...

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