Justice Family Lawyers

👨‍👩‍👧‍👦💼 Joint custody arrangements vary based on circumstances and children's ages. Options include equal time-sharing for balanced attention or one parent having more time with regular contact for the other. It's about prioritising children's well-being and fostering positive co-parenting. 👨‍👩‍👧‍👦💬

What Is the Most Common Child Custody Arrangement? | Melbourne Family Lawyers What is the most common child custody arrangement? In Australia, the most common child custody arrangement is joint custody or shared care.

🔍 When it comes to pets, the law sees them as personal property. So, just like divvying up assets, their fate is intertwined with property division during a breakup or divorce.

1️⃣ Property Consideration: Pets acquired during the relationship are typically treated as joint assets. If acquired before, they might belong to the original owner.
2️⃣ Contributions: Courts look at financial and non-financial contributions, including care responsibilities and expenses.
3️⃣ Mediation: Many resolve pet custody disputes outside of court through mediation.

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Pet Custody Laws Australia: What You Should Know Explore Pet Custody Laws Australia with our comprehensive guide. Understand rights, disputes, and best practices to ensure your pet's well-being in Australia.

🎙️Our principal Hayder Shkara attended and chaired the Family Law Intensive at UNSW Law - four hours of family law goodness - and here are the four topics that were addressed by an all star line up of professionals ⭐️:

📖 The upcoming amendments to the Family Law Act (coming to a court near you in May 2024) with Dr Noam Peleg.

📖Dispute resolution and what your options are post litigation with the amazing minds Sarah Bevan Belinda Crawford Shelby Timmins Sue Abrams.

📖Managing client expectations with Elizabeth Rusiti of counsel.

📖The role of the ICL and the new provisions under the family law amendment act with Monique Robb.

🔍💼 Thinking about divorce and wondering about the fate of family trusts? Here's a sneak peek into what happens to them during property settlements in Australia!

📜 When it comes to divorce, family trusts aren't always off the hook! Courts Down Under have the power to include trust assets in the matrimonial asset pool. 😮💰

💡 But wait, it gets even more intriguing! The court considers a bunch of factors like trustee details, trust formation, beneficiaries, contributions, and trust terms. It's like a legal puzzle! 🧩🤔

💼 So, are assets in a trust shielded from divorce?

🏠💔

What Happens To Family Trusts On Divorce? Divorce can be complicated, especially when family trusts are involved. Find out what happens to family trusts on divorce and how they factor into property settlements.

💰 Confused about the difference between a Binding Financial Agreement and a Consent Order? 🤔 Let's break it down 💑 Make sure you know which one suits your situation best! Check out this helpful article for more info 📜🔒

Binding Financial Agreement Vs Consent Orders Explore the differences between a binding financial agreement vs consent orders in Australia. Understand which option best protects your financial interests.

A $4.5M Inheritance Lost From a Blot of Ink - Walker Pender A recent case had a couple barred from claiming a multimillion-dollar estate due to a small ink spot concealing their names on a will. Howard […]

How to make hybrid and WFH work for your firm Post COVID-19 it’s clear hybrid work is here to stay. What does this mean for law firms and office design? How can we maximise productivity as lawyers split their time between working from home and the office? We caught up with leading law firms, architects and College of Law thought leaders on th...

Our team spoke in depth with the College of Law discussing the new coercive control laws that have now been passed in NSW.

Tackling domestic violence is one of Australia's largest priorities at the moment - are these laws a step in the right direction?

An in-depth look at the new coercive control laws passed in NSW by Hayder Shkara The milestone of Justice Jayne Jagot’s appointment to the High Court and a female majority for the first time in history masks hidden inequities across Australia’s legal profession. The College of Law looks into the realities of gender inequality that persists across Australia’s legal professi...

Newsflash - apparently we do not get paid for this?

Are marriages that originated outside Australia recognised under the Family Law of Australia?

The general rule with respect to marriages is that if a marriage is legally recognised in a foreign country, then it will be recognised in Australia, subject to the following exceptions:

- If either of the parties at the time was still married to another person;
- If either of the parties was not of marriageable age (18 years old) if he/she was domiciled in Australia;
- If the parties are within a prohibited relationship (being an ancestor, descendent or a brother and a sister);
- If there was no real consent (for example, because it was obtained by duress or fraud; because of mistaken identity; mistaken understanding of the nature of the ceremony being performed; or if a party is mentally incapable of understanding the nature and effect of the marriage ceremony)

There is no need (and it is not possible) to register a foreign marriage in Australia. With the exceptions listed above, a foreign marriage certificate can be shown as proof of a marriage in Australia, and it will be accepted as legal.

Any type of married couple (or de-facto couple) has access to rights under the Australian Family Law Act as long as there is a jurisdictional connection to Australia.

Please contact us today to find the best solution for your family law matter!

Hold on to your dreams and don't forget to take action.

How to increase your visitation rights in Australia?

Increasing your visitation rights means that you will get more time to spend with your children and maintain a healthy and wholesome relationship with them.

Some actions you can take to be more involved in your children’s lives and show your ex partner and the court that you are pro-active include:
- Not limiting your involvement to the time you spend together and child support
- Staying informed about extracurricular activities and trying to show up by asking your ex for details in advance
- Adding yourself as a contact in your child’s school
- Trying to offer support to the primary care parent by taking on some of their responsibilities

Once you make changes and become more involved in your child’s life, you can try to approach your ex about increasing your visitation rights. You may resort to mediation if you feel that may yield better results.

If you have more questions about visitation rights in Australia, you should read this guide: https://justicefamilylawyers.com.au/child-custody/visitation-rights/

TRUE OR FALSE? In Japan, it is illegal to be clinically obese.
TRUE.

The Japanese Ministry of Health, Labor, and Welfare passed the "Metabo Law" in 2008. This law says that men and women between the ages of 40 and 74 must get their waist circumference measured every year.

The maximum size for men is 33.5 inches and the maximum size for women is 35.4 inches.

The law was made to deal with the government's biggest worries, which were preventing diseases like type 2 diabetes from becoming epidemics, the huge costs of paying for health care for Japan's (growing) older population, who usually get it from the government or their employer, and the low birth rates, which would mean that there would be fewer young people to pay taxes.

In addition, it requires companies’ health insurers to provide weight loss classes to employees that have become overweight or met certain other criteria.

Companies and local governments that don't meet certain goals are then fined by the government.

We get so happy whenever we receive reviews like this! 🤩🥳

Stop having second thoughts and message us today!

Don't tell me I'm the only one who feels this way sometimes. 🤨

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Making a difficult situation easier. The whole team working to get the best outcome possible.

Can I apply for a divorce in Australia if I married overseas?

An Australian Court has the jurisdiction to grant a divorce if you were married outside of Australia, as long as at least one of the following pre-conditions applies:

- You or your spouse are domiciled in Australia (domiciled means you regard Australia as your home and intend to live indefinitely in Australia); or
- You or your spouse are an Australian Citizen; or
- You or your spouse ordinarily live in Australia and have lived in Australia for at least one year immediately before applying for divorce.

As long as one of the above conditions is satisfied, then the Family Court of Australia or the Federal Magistrates Court will be able to hear your divorce application.
This means that, even if you live outside of Melbourne or Victoria, we may be able to apply for a divorce on your behalf without you needing to come to Melbourne.

Keep looking. I'm sure you'll find it one day, and it'll never be too late. ⛅

Can you withhold your child from their other parent?

In Australia, you are required to comply with court orders regarding parental matters, and that will generally stipulate that both parties have access to a child. So, you cannot withhold your child from their other parent.

However, in some extreme circumstances, you may withhold your child from the other parent. In these cases, the welfare of the child is compromised, and they could be in danger. These extreme cases usually involve:
- Situations where there is a history of family violence or abuse;
- Substance abuse, including drugs and alcohol; and
- The other parent has extreme mental health problems that may endanger the welfare of a child.

If you find yourself in the above situation and feel for your safety or that of your child, obtain legal advice on the next steps before you breach court orders. It is also advisable that you try to resolve the problem with the other parent of your child informally. If you are unable to do so, it may be best to approach the court and seek to get the court orders changed to reflect your current situation.

Need help with conveyancing, property settlements, wills and estates?

Contact us at 02 8089 3148 and look for Carlos Li!

We'll be waiting for you.

It's all in the way you look at things. Try seeing things in a different perspective and you'll notice a big difference.

QUESTION: Can I move with my child to live in a different suburb or outside of Melbourne without the other parent’s consent?

Unless there is a court order already in place preventing you from doing so, technically, you have the right to go anywhere within Australia.

However, you should not relocate a child without the other parent’s written consent unless you are prepared to contend with an urgent court application for a recovery order by the other parent, issued in the Family Court or Federal Circuit Court in Melbourne, seeking an order that the child return to Melbourne.

If you have moved without notice to the other parent, and that parent has an ongoing relationship with the child, then a sympathetic Judge would be likely to make an interim Court Order that you return the child to Melbourne, and the Court would then conduct a hearing as to whether you and the child should be allowed to relocate. It may take many months for your case to be finalised in court.

The Court would take into account each parent’s proposals with respect to the parenting and living arrangements with respect to the child and the impact of any proposed move out of Melbourne would have on the child’s relationship with the other parent. The Court will look at where you want to move and what you want to do to make sure the child can have a good relationship with the other parent.

Don’t Handle Salmon In Suspicious Circumstances 🤨

That's just one of the weirdest English laws you won't believe existed. Read more about these weird laws below 👇

https://www.thelawyerportal.com/blog/weird-english-laws-you-never-knew-existed/

Just why 😩

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What are child support payments? 🧐

Child support payments are made by people to provide financial support to children from their previous relationship. They are usually made by the parent with whom the child does not primarily live.

The child support scheme is run by the Department of Human Services (DHS). Payments can be made either privately, from one parent to the other, or via the DHS, who will collect the payment from one parent and transfer it to the other.

If the court orders a person to pay child support, they must do so.

A formula is used to calculate child support payments. It is based on both parents' income and the cost of raising children in Australia.

If a parent feels that the result of the formula is not accurate and does not reflect their specific situation, they can make an application to the DHS to change their child support payment assessment.

To get a child support assessment from the Department of Human Services, you must be a legal parent or a caretaker of the child who is not a parent.
It is also possible to arrange and make child support payments without going through the DHS. This is called self-management.

Australia has international agreements with several countries to help with international child support payments, which means that a parent may still be required to pay child support, or entitled to collect child support, if they live outside of Australia.

Read more about child support payments in Australia here: https://justicefamilylawyers.com.au/faq/what-are-child-support-payments/

When is spousal maintenance payable?

There is no automatic right to receive spousal maintenance. An enforceable legal obligation to pay spousal maintenance can only arise if a Court Order is made.

A Court Order requiring you to pay spousal maintenance can be made under the Family Law Act (Australia) only if, firstly, you are reasonably able to pay and, secondly, if the other person is not able to adequately support himself/herself due to having the care of a child under 18, by reason of age or physical or mental incapacity for appropriate gainful employment, or any other relevant reason referred to in the legislation.

Get to know Greg Mclellan, an experienced solicitor at Justice Family Lawyers! ⚖️

Caught in difficult separations and family breakdowns? Let us help!
Send us a message here and we'll get back to you right away.

A divorce can be a challenging time in a person’s life. Add debts in divorce and trying to figure out how debt is split in divorce, and you’re in for a real-life nightmare.

But what exactly are the things to consider when splitting debt in divorce? Check the images to learn more!

You may also read the full article here: https://justicefamilylawyers.com.au/property-settlement/debt-split-in-divorce/

Here are also other factors that will influence legal proceedings determining how debt will be divided during divorce include:
1. The duration of the relationship (marriage or De Facto)
2. Financial contributions made during the partnership
3. Domestic (and other) contributions made during the marriage
4. If there are any children or dependents
5. Differences in income between the two parties

When determining how is debt split in a divorce, the court will take into account who accumulated the debt, the names the debt is in and the purpose of the debt. All of these things will be considered, however just because a debt is in one persons name, it does not mean that it will remain with that person after divorce.

“Success is nothing more than a few simple disciplines, practiced every day; while failure is simply a few errors in judgment, repeated every day. It is the accumulative weight of our disciplines and our judgments that leads us to either fortune or failure.”

- Jim Rohn

Sometimes, I do three. ☕

But hey, I wake up really early. 🌄

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