Justice Family Lawyers in Sydney, Australia | Divorce & Family Lawyer

Justice Family Lawyers

Locality: Sydney, Australia

Phone: +61 2 8089 3148

Address: 203/255 Castlereagh Street 2000 Sydney, NSW, Australia

Website: https://justicefamilylawyers.com.au

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25.01.2022 We are seeing a massive trend towards increasingly complex family structures. Step parents are becoming more and more active in raising step children. In New South Wales, children aged over 12 can consent to their own adoption. Step-parent adoption permanently ends the legal relationship between the child and their non-custodial parent that is, the parent who they do not live with.

25.01.2022 Amazing accomplishment to all involved in the transition from a largely analogue to a now functioning digital family court in less than a month!!! A message from CJ Alstergren: The Courts’ operations have had to be substantially adjusted since the beginning of March this year. Like many institutions and large organisations, the Courts have had to engage in a long term digital transformation. Microsoft Teams has been rolled out to each Judge, Registrar and Family Consultant. E...ach Judge and Registrar is now able to conduct hearings electronically from each Registry. This technology was rolled out at great speed to 101 judges, 35 Registrars and servicing up to 40 different locations. It is a great credit to all involved including the IT department, the Judges, Registrars, court staff and the profession for their cooperation. A number of interim and final matters have been heard in the Courts over last two weeks using Microsoft Teams.

25.01.2022 Updated information resource on covid and family court orders. New directions released the Chief Justice of the Family Courts about how parents should interpret orders.

25.01.2022 Genie: I shall grant you 3 wishes. Me: I wish for a world with no lawyers. Genie: Done. You have no more wishes.... Me: But you said I had three? Genie: Sue me.

24.01.2022 Adapt or die, even the ancient court systems are doing what they can to keep up - The Federal Circuit Court has flagged they will shortly be rolling out the use of Microsoft teams for use as virtual courtrooms. There is no need to purchase any software. It’s linked by accepting an emailed invitation. Practitioners will need a camera, and a headset or speakers.

24.01.2022 The family home: An image of a white picket fence, dog in the backyard and cookies baking in the oven come to mind. During separation: that matrimonial home becomes a battleground as ex-spouses decide to separate but then cannot agree on who should move out.

24.01.2022 Chief Justice of the FCC and Family Court insists that closing down the family law courts is not an option. Justice Alstergren said the courts will hold as many hearings as possible using video conferencing or telephone, but where in-person appearances needed to occur, they would.

23.01.2022 Join us for a FREE live webinar on Thursday at 1pm to gain an understanding of the family law process and to cast your mind to things you should think about after separation. SCHEDULE 1:00 to 1:05 Introduction ... 1:05 to 1:10 Court system and time limits 1:10 to 1:15 An understanding of property splits 1:15 to 1:20 An understanding of parenting matters 1:20 to 1:30 How to finalise quickly and be cost effective Link to register is here: https://buff.ly/2NGKzPi

22.01.2022 We are receiving a myriad of questions related to coronavirus and how it will effect family court orders. We have done our absolute best to provide an update about what is going to happen to these orders, as well as what is happening with the FCC and Family Courts. We are entering into unchartered waters.

22.01.2022 How does family violence get treated by the courts if there is a record of historical abuse? This is the question that the full court was asked to answer in these proceedings. The father was found to be violent when during the relationship, but since separation 6 years ago, there were no allegations of violence. The full court determined that it was too far a stretch to suggest that because of the earlier violence, there was an existing risk of harm to the child.

20.01.2022 Does a child have a say in custody cases?

18.01.2022 Let's face it. Divorce is financially crippling. Your joint assets will now be split. You may have to sell your house and start renting or downsize. Your joint account no longer exists. You may have to pay child or spousal support.... And the legal fees of the process can be fairly significant depending on your circumstances. As less financial resources are a reality after divorce, many couples consider staying married for the sake of preserving finances. However, this ‘scarcity’ mentality can be damaging to one’s mental health if they are subjecting themselves to a relationship they no longer wish to be in. Financial concerns are a reality after divorce, but can still be managed effectively if each party plans ahead.

18.01.2022 March 2020 was a busy month for Australians writing their wills. There was an increase of 3x the amount of wills being drafted. While some people think that making a will is the same thing as estate planning, preparing a will is just one of the elements involved in developing a thorough estate plan.

18.01.2022 A popular question during lock down where couples feel less inclined to go out and inspect other properties to live in. How do I get my partner out of the family home (legally of course...)

17.01.2022 Ms Stewart wanted her children to go to expensive private schools. The problem was that she and her former husband could not afford the $50,000 in annual fees. The father of the children said they simply could not afford it. In an affidavit, Ms Stewart said her weekly income was $370 from Centrelink and $491 in child support. She then tried to convince the court that she would be able to pay 40% of the children's school fees.

16.01.2022 It is becoming increasingly more and more common, couples separated but still living together for days, weeks, months and even years. Finding a suitable place for one spouse to move to taking into consideration their budget, arrangements for their children and ease of transport to their workplace can be incredibly difficult, whether renting or buying. Here is a short guide to what you should know about living separated but under the same roof in Australia.

16.01.2022 In one study, evidence from social media was accepted in up to 82% of Australian family law cases. That is a HUGE statistic. What you have been posting, commenting and liking - could all be used in court one day.... Digital evidence in the form of social media posts, comments, videos and photos are increasingly relied upon to prove certain facts in the family law courts. There have been several recent cases in the Australian courts where social media posts have affected the outcome of cases involving child support payments.

15.01.2022 It is possible for a parent to apply to change their child’s name if they are the only parent listed on the child’s birth certificate or if the other parent has died. If the parents cannot come to an agreement, the matter must then be taken to court.

15.01.2022 School holidays are quickly coming to an end and term 1 is about to start. A short guide on what you need to know about enrolling children in a school if you are separated:

15.01.2022 The chance of separating when you are in a de facto relationship is more than six times higher than being married! But de facto relationships are becoming more prevalent in Australia.

15.01.2022 With many Australians currently finding themselves out of work, bankruptcy has increased dramatically If you become bankrupt, does it effect your non bankrupt spouse? What happens to your family home? Is it protected? ... Read more to understand the impact of bankruptcy on you or your spouse and children

14.01.2022 The world is becoming smaller and more globalised! It is quite common for couples to get married overseas and to initiate divorce proceedings overseas. If this applies to you, you might find yourself in Australia wondering how to register overseas court orders.

13.01.2022 Infidelity and Divorce

12.01.2022 Similar to the waves that wash up against the rocks of Bondi Beach, slowly eroding the rock surfaces year by year by breaking down the cliff face and having the sediment wash into the ocean; In the event that you separate, the value of your pre marital assets slowly erode away year by year

12.01.2022 In the context of family law we thought we would give some clarity in relation to the new directions made in NSW today: 1. The Minister directs that a person must not, without reasonable excuse, leave the person’s place of residence. 2. A reasonable excuse for a person to leave their residence would be to continue existing arrangements for access and contact between parents and children or siblings, for children who do not live in the same household as one of their parents or... siblings. 3. The Minister directs that a person must not participate in a gathering in a public place of more than 2 persons. 4. Exceptions: a gathering necessary for the person to fulfill a legal obligation. From this, we gather that parents are still required to facilitate time with one another if the circumstances allow them to do so.

11.01.2022 Mistakes People Make in Family Court

10.01.2022 Is an engagement ring considered a 'gift'? Who gets to keep it when you get divorced? If you were expecting an easy answer, guess again. Many different points come into consideration when determining a property settlement.

08.01.2022 In Australia, children as old as 17 years have had their wishes overruled by the court. Under Australian family law, children have a right to have a meaningful relationship with both their parents. This does not mean, however, that they necessarily get to have a say in child custody cases.

07.01.2022 "The Family Court Bomber" has been found guilty of the murders of a justice, a justice’s wife and a Jehovah's Witness Minister. Leonard Warwick shot and killed Justice David Opas outside his home in Sydney. Police argued that the killing campaign was designed to win control of his daughter and matrimonial home during legal proceedings with his ex-wife, Andrea Blanchard.

07.01.2022 With wedding season around the corner, people are starting to ask around about prenups. What is it? Are they worth getting? What can it cover? All of your questions answered in this article.

07.01.2022 Appointing a Legal Guardian for your Child

06.01.2022 Drug testing in family court matters are extremely common. Urinalysis? Hair follicle? How accurate are they? What are they testing for?

05.01.2022 Stability and routine are important in a child’s life, especially a young child, but sometimes the court decides that a big change is necessary, such as changing the child’s primary carer.

05.01.2022 Just to set the record straight from the outset , "The marriage has not been consummated," is not a valid reason for an annulment.

05.01.2022 Spousal Maintenance Australia Complete Guide

04.01.2022 The ICL must provide an INDEPENDENT opinion about the arrangements and outcomes of the case that they believe best promote the child’s interests. One of their main responsibilities is to remain IMPARTIAL. Their decisions and recommendations may reflect the wishes of one of the parties, but the independent children’s lawyer should reach these conclusions from their independent point of view.

04.01.2022 If you or your spouse have a reasonable connection to more than one country, you may be able to choose the jurisdiction in which you file for divorce. In Australia, for example, there is a presumption that both parents have equal and shared parental responsibility for their children. However in Japan, there is no provision for joint custody of children. It is uncommon for children to see the other parent frequently after a divorce.... Another odd aspect of Japanese family law is that women have to wait six months before they can remarry after a divorce, although men have no such restrictions.

04.01.2022 A crime committed out of space for the purposes of divorce proceedings back on earth. A potential jurisdictional nightmare. How are space crimes handled?

04.01.2022 It appears that the FCC is trying to implement a stronger case management system and not send matters to mediation before they are ready. Instead of being listed before a Judge, property only cases will be listed before a Registrar. The Courts have made it clear that Orders for dispute resolution will not be made automatically on the first Court date.... Parties will first have to satisfy the Registrar running the discrete property list that financial disclosure and expert valuations, are completed. Orders for lawyers to nominate 3 experts or valuers will be discouraged. https://justicefamilylawyers.com.au//discrete-property-li/

03.01.2022 On appeal, the Full Court judges said: A relationship may be less than optimal but nonetheless meaningful.

03.01.2022 Very pleased with the CJ of the Family Courts being so vocal about sending a strong message to the public that court orders should still continue to be followed. "There will be ramifications for people who don't act reasonably, so it's not a situation if I may say, where people should simply use this as an excuse not to obey court orders where there's no reasonable excuse not to do so," CJ Alstergren told ABC's Radio National today. He said parents were required to obey court... orders wherever safe to do so. If a parent can't follow the orders - for example, if a contact centre has closed - Justice Alstergren said parents must act reasonably to find an alternative agreement.

02.01.2022 A mother has just lost a court case to stop her 16 year old child from transitioning from a male to a female. The teenager will now be able to access gender-affirming hormone treatment following the Family Court ruling in Australia. Justice Watts granted authorisation for the teen to access oestrogen treatment to aid in her physical feminisation.... The teen’s father consented to the treatment, but the mother did not, stating that the child lacked the competency to consent to the diagnosis and treatment. The court heard that since the child was 6 or 7 the child had "expressed a consistent, persistent and insistent view that she wishes to move to ... gender affirming hormone treatment". Prior to receiving hormonal treatment, a child normally receives puberty blockers to prepare them for the transition. Hormone treatment is the second step in a three-stage medical transition process for transgender adolescents. The third step involves surgery. I am not sure if there have been any cases that involve stage 3 during adolescence that have required the input of the Family Court.