Defining Legal Independence for Minors Emancipation is the process by which a person under 18 years of age can seek independence from their parents. It is important to note that the legal concept of emancipation is more commonly used in the American legal system...
Elder Law and Guardianship in Australia: Understanding the Role of Family Law in Elder Care
It is no secret that Australia currently has an aging population with the median age of the population currently sitting at 38 years of age, 3 years older than the previous median recorded in 2000. Elder law is the area of the law relating to all aspects of aging and...
The Council’s Authority to Seize a Dog after an Incident: The Domestic Animals Act 1994 Explained
Most people are aware that the Council have powers to seize a pet dog after certain incidents have occurred, but how far do these powers extend? When can a Council officer seize your dog, and when and how can you get them back? For most dog owners, the thought of...
International Family Law: Navigating Cross-Border Divorce and Custody
Families dealing with separation, divorce, parenting and property settlements across international borders are faced with exceptional challenges. Dealing with family law matters within Australia can be challenging enough, but with the added complexity of international...
Paternity Rights and Responsibilities in Australia: A Legal Guide for Fathers
There are many legal elements related to being a father in Australia, such as parenting time and responsibility, custody and paternity disputes. Although under review, the current legislation, the Family Law Act 1975 (“FLA”) includes a presumption that each parent has...
Separation Laws in Australia: Understanding the Legal Process of Separation Before Divorce
In Australian law, the term separation refers to the breakdown of a romantic relationship, usually prior to a divorce for married couples, or the end of the relationship for de facto couples. Separation generally involves living apart and in order to obtain a divorce,...
Guardianship and Administration Orders in Victoria for Individuals with Reduced Decision-Making Capacity
Understanding the intricacies of Guardianship and Administration Orders in Victoria can be vital in safeguarding the interests of individuals with reduced decision-making capacity. For some individuals, making decisions about personal, financial and medical matters...
Spousal Maintenance in Australia: Understanding Your Rights and Obligations
Spousal maintenance is the term for financial support paid by a person to support their spouse or former spouse post separation. Spousal maintenance is usually paid where one spouse has a greater income with capacity to support the other, and where the other spouse or...
Blended Family Estate Planning in Australia
As blended families are on the rise in Australia, it’s important to consider the implications that being in a blended family may have on estate planning. A blended family is one that is comprised of both stepchildren and biological children. Estate planning for...
Social Media in Family Law Cases: Risks, Evidence and Best Practices in Australia
Social media has become an integral part of our lives in both beneficial and damaging ways. The social media which allows for us to connect with loved ones and access to numerous forms of entertainment is the same social media that allows individuals to remotely stalk...
Grandparents’ Rights in Family Law: Understanding Visitation and “Custody” in Australia
Understanding "Grandparents rights in Australia" is essential, especially when considering the importance of the relationship between a child and their grandparents. This relationship is recognised under section 60B(2)(b) of the Family Law Act 1975 (“FLA”) in...
Parental Alienation: What is it and how is it Relevant to Family Law Matters?
Parent-child relationships can be complicated at the best of times, let alone when a relationship breakdown has occurred between a child’s parents. When a parent interferes with their child’s relationship with their other parent in a harmful way, this can constitute...