Family Law Articles

What You Need to Know About Mediation in Australian Family Law

In Australian family law, mediation plays a crucial role in resolving disputes, especially in cases involving separation or divorce. But what exactly does mediation involve, and why is it so important? Understanding Pre-Action Procedures Before initiating court proceedings in family law matters, the Family Law Act 1975 mandates…

Navigating Estate Planning in Blended Families

Blended families—those with stepchildren, multiple partners, or previous marriages—present unique challenges in estate planning. Ensuring that all family members are treated fairly while respecting the complex dynamics of such households requires careful and strategic planning. Here’s how you can approach estate planning for blended families to achieve fairness…

How to Know Your Family Lawyer Truly Understands and Supports You

Choosing the right family lawyer can be one of the most difficult decisions to make. Whether you’re navigating a divorce, dealing with child custody issues, or facing the complexities of domestic violence during a family dispute, it’s essential to have a lawyer who genuinely understands and supports you.…

A Step-by-Step Guide on Legally Marrying in Australia

Earlier this year, I celebrated my wedding abroad. While it was a joyous occasion, it didn’t hold any legal weight in Australia. So, how can you make your marriage official in Australia? There are two primary options: hosting a ceremony that adheres to the Marriage Act 1961 (Cth)…

In the Spotlight: Parental Disputes over Medical Treatment for Transgender Children

Navigating the legal landscape surrounding parental disputes over the medical treatment of transgender children can be complex and challenging. In Australia, several landmark cases have shaped the framework within which these sensitive and important decisions are made. Understanding these cases can help parents, guardians, and legal practitioners better…

The other parent won’t agree? These are your options.

As family lawyers we often encounter situations where one parent seeks to make significant decisions regarding their child without the consent of the other parent. This can include changing the child’s surname, obtaining a passport, or making other major decisions. It’s crucial for parents in these situations to…

Are they worth it? Binding Financial Agreements (BFA)

Although you may know them as “pre-nups”, Binding Financial Agreements (BFAs) serve as useful instruments for individuals aiming to safeguard their assets in the event of a relationship breakdown. BFAs provide couples with a structured framework to delineate how their finances and property will be managed. BFAs can…

Navigating Parenting Plans in Australian Family Law

Navigating the complexities of parenting arrangements after separation or divorce can be challenging for many families. As family lawyers with extensive experience in this field, we often assist clients in drafting parenting plans—a crucial tool in ensuring the welfare of children and how parenting will be managed. What…

Navigating Family Law as an LGBQTIA+ Individual or Couple

In the dynamic landscape of Australian family law, it’s essential to understand how legal procedures apply specifically to individuals and couples within the LGBQTIA+ community, whether they are in de-facto relationships or marriages. So often information is lacking for LGBTQIA+ people and the family law process is a…

Who Gets the Fur Babies? Understanding Pet Ownership in Australian Family Law

In Australian family law, the question of pet ownership can be as emotionally charged as disputes over property or child custody. For many families, pets like dogs and cats are cherished members, making it crucial to understand how they are treated in legal proceedings during separation or divorce.…

Two Birds, One Stone: Parenting and Property

Our Family Law Solicitor, Caitlin Jones, recently acted for a client, a father of two (2) children aged 11 and 9. Our client initially engaged and instructed our office as the mother had withheld the children from spending time with our client for a period of 2 months…

From no time to equal time – a father’s successful parenting mediation

Our Family Law solicitor, Natalie Russell, recently represented our client, a father of a five-year-old child, at a parenting mediation. Our client had initially started court proceedings in December 2022 in circumstances where the mother had not agreed to the child spending any time with him for six…

Festive Season and Family Law

With the festive season upon us, you may be wondering about the care arrangements available for Christmas Day and the holiday period for your children. There are no hard and fast rules when it comes to children’s care arrangements. That said, whether by agreement (parenting plan or consent…

Social Media and the Impact on Family Law Matters

‘If you don’t have something nice to say, don’t say anything at all’ In today’s society, social media is used, in varying degrees, by most adults. For many people social media is used to update friends and family about major life events and day to day events. Social…

Conditsis Lawyers Proudly Supporting Friends With Dignity

The Conditsis Lawyers Newcastle team recently attended the High tea with Friends event run by Friends with Dignity at Merewether Surfhouse in Newcastle. The team had a great afternoon filled with inspiring speakers, good food, great company, a personal & mesmerising Story by My Other Closet – The Cabaret , Raffles with epic…

To Vaccinate or Not

The COVID-19 pandemic has seen society as a whole change over the last two (2) years. Since the introduction of a vaccine for COVID-19, the Family Law System has seen an influx of parents disagreeing as to whether to get their child/ren vaccinated. There is a presumption under…

De Facto Relationships and Property Settlements

A de facto relationship can exist between two (2) people of the same or opposite sex. A de facto relationship can also exist even if one or both of the parties are legally married to someone else, or, in another de facto relationship. The Family Law Act provides…

Family Violence in Property Matters

In 1997, the Family Court in the matter Kennon v Kennon (“Kennon”) considered whether family violence could be relevant to and alter the outcome of a property settlement. The Court considered the impact of family violence on the contributions of the wife during the relationship, in the face…

Parenting Orders during a lockdown

As of Saturday, 26 June 2021, people in Greater Sydney, the Blue Mountains, Central Coast and Wollongong entered a COVID-19 lockdown providing that you must stay at home and only leave if you have a reasonable excuse. Is it a reasonable excuse to leave home to facilitate a…

Fast tracked family law process for disputes relating to COVID-19

If you have existing parenting arrangements/parenting orders that are not being complied with as a result of the COVID-19 lockdown, you may be able to file an application in the national COVID-19 list. The COVID-19 list provides a “fast-tracked” list that is dedicated to dealing with urgent family…

Time Limits For Property Settlement

Questions often arise as to how long after separation a person has to apply to the Family Courts to obtain property Orders. In the case of marriage, a person is able to commence proceedings before the Family Courts seeking property Orders for up to 12 months after the…

Is Superannuation Property?

Yes. Although the Family Courts treat superannuation as a different class of property than other property such as houses, cars,motorbikes, savings and home contents (the Court refers to this type of property as cash assets). Because superannuation is something that you don’t have access to (unless of retirement…

Family Court backlog letting families down

Chief Justice Diana Bryant has called on the Government to increase funding for the Family Court, describing the underfunded system as letting down “vulnerable people caught up in the system”.   Newcastle: Court delays in action To see the backlog in action, look no further than Newcastle’s Federal…

Family Law changes aim for quicker decisions and victim safety

New laws proposed by the Federal Government would introduce streamlined parenting hearings and preventing victims of family violence from being confronted by alleged attackers. Following a review of the Family Law Act, the changes are expected to help reduce bottlenecks and long waiting periods in the Family Court,…

What happens when you can’t agree on parenting arrangements?

The end of a relationship can be an emotionally draining time, especially when children are involved. Amid the upset and turmoil, a number of big questions need to be answered. Who will the children live with? How much time will they spend with each parent? What will be…

Understanding Divorce In Australia

In Australia, Divorce is obtained by an Application to the Federal Circuit Court of Australia. The Divorce only deals with the dissolution of the marriage. It does not deal with issues of financial support, property distribution or arrangements for children. Grounds for Divorce The only ground for Divorce…

Is a Parenting Plan enough?

Separation and divorce is tough on families, especially children. Even when both parents want the best for their children, it can be difficult when emotions are running high and finances are involved. If you can reach an agreement with the other parent about parenting arrangements, a Parenting Plan…