Best Family Lawyers Brisbane

Cudmore Legal Family Lawyers Brisbane is a family law firm based in Brisbane, Australia. We specialise in family law, divorce, separation, child living arrangements, property, parenting matters, spouse maintenance, property…

Continue Reading Best Family Lawyers Brisbane

Hague Convention

Getting a child returned from overseas If you wish to have your child returned from overseas, you are in good stead if the country they have gone to is a…

Continue Reading Hague Convention

Taking a child overseas

Can I take my child overseas? If your child is part of family law proceedings, then no, you can not take your child overseas without the other parent's consent. Following…

Continue Reading Taking a child overseas

Surrogacy Lawyers Brisbane

A surrogacy lawyer will help potential surrogates and parents navigate the legal minefield of surrogacy law. Surrogacy and Family Law  While many people are familiar with IVF as an option…

Continue Reading Surrogacy Lawyers Brisbane

Spousal Maitenance

You may have heard in American news or movies a term called 'Alimony'. Perhaps you have heard about how Britney Spears had to pay $40,000 per month to Keven Federline, her drunken…

Continue Reading Spousal Maitenance

What is an Interim Hearing?

Matters rarely reach a final hearing in the court. Most cases resolve outside of the court by settlement, or after Interim Orders have been made at an “Interim Hearing”.  Interim hearings…

Continue Reading What is an Interim Hearing?

Adult Child Maitenance

What is the difference between adult child maintenance and child support?  People commonly use the terms "child maintenance" and "child support" interchangeably in Australia. There is, however, a distinct difference…

Continue Reading Adult Child Maitenance

Child Support Agreements

What is a child support agreement?  A Child Support Agreement is an agreement between parents that sets agreed terms that they have reached in terms of child support. Child Support Agreements allow…

Continue Reading Child Support Agreements

Post-Separation Assets

What Happens to Post-Separation Assets?  Parties can build up significant assets after separation and should be aware of how those assets are treated in family law proceedings. Property that is…

Continue Reading Post-Separation Assets

Sole Divorce Applications

You can apply for a divorce on your own without your former spouses consent, this is called a sole application for divorce. You might need to do a sole application…

Continue Reading Sole Divorce Applications

How does the family court treat assets and debts incurred after separation?

The Family Court considers debts as genuine if they are for proper purposes. A good purpose might be to move out of the house or to pay for maintenance on an existing asset. If the debt is for gambling or another activity, then that debt is seen to be dissipating the asset pool. If a party wastes the asset pool after separation, then a lawyer might make what they call a 'wastage' argument.

Continue Reading How does the family court treat assets and debts incurred after separation?

How are loans and gifts considered in family law?

If something is a loan, then it will need to be paid back out of the property pool, whereas the property pool will include gifts. Disputes often arise as to whether an asset or money is a loan or a gift, and then if it is a gift whether or not it is a joint or sole gift. If it is a joint gift, it is a joint contribution; if it is a gift to one person, it is considered a sole contribution.

Continue Reading How are loans and gifts considered in family law?

Should you finalise your financial separation sooner rather than later?

It is no secret those that come out of family law unscathed are those that reached a mutual agreement and formally documented that agreement early. Many separating couples are amicable at some point and agree on things without lawyers. However, it's at that exact point separating couples need to inject some law into the agreement and formalise it.

Continue Reading Should you finalise your financial separation sooner rather than later?

Are assets received post family law separation included in the property settlement?

Family law property settlements are not calculated on the date of separation but at the date of final orders or agreements. That means assets can be included in the property pool even if they get obtained post-separation. It depends on the type of asset as to whether it gets included in the property asset pool.

Continue Reading Are assets received post family law separation included in the property settlement?

How is family law reacting to COVID-19?

The recent pandemic COVID-19 will have an impact across all facets of Australian society, including participants and solicitors in Family Law and domestic violence matters. The level of the effect, however, varies and ranges from minimal impact where parties have already sought Consent Orders, made an application for divorce or are not in Court, to a higher level of impact for those who have recently commenced proceedings before the Court.

Continue Reading How is family law reacting to COVID-19?

What to do when a parent takes a child without permission and won’t return them. Child Recovery Orders.

You have many options when a child isn't to your care. You have these options regardless of whether you have existing parenting orders or not. You can talk to the other parent, have someone else speak to them, or you can apply to the Court to have the child returned to you.

Continue Reading What to do when a parent takes a child without permission and won’t return them. Child Recovery Orders.

What am I entitled to in a divorce or separation in Australia?

You are entitled to whatever is fair. It varies relationship to relationship as to what the Court considers fair. When determining what is fair, the Court considers your initial contributions, your contributions throughout the relationship and your future needs.

Continue Reading What am I entitled to in a divorce or separation in Australia?

Family Lawyers Brisbane Northside

We have many Brisbane Northside locations. Our Brisbane North family law firm perfectly understands the family struggles people go through. To most, the emotional stress is unbearable. It's for this reason that we do whatever we can to minimise the legal process's uncertainty and stress.

Continue Reading Family Lawyers Brisbane Northside

Do Grandparents have rights in family law?

Generally, the Family Law Act encourages people to manage conflicts among themselves and to use legal processes as a matter of the last resort. Grandparent rights aren't necessarily are thing nor are parenting rights. The only rights in family law are the rights of children to have what is in their best interest. However, it is possible in some cases for grandparents to make applications to the Court for parenting arrangements.

Continue Reading Do Grandparents have rights in family law?

Sole Parental Responsibility

Sole parental responsibility usually goes hand in hand; however, they are not the same thing. Sole parental responsibility means to be entirely responsible for the long-term decisions of the children. Sole parental responsibility is having exclusive control over what religion the child is, what medical treatment they accept, what school they will go to, what diet they will have. It means absolute 100% responsibility for all significant life long decisions until the children attain the age of eighteen (18) years.

Continue Reading Sole Parental Responsibility

What are the best apps for separated parents?

For harmonious and healthy co-parenting, separated or divorced couples need to communicate effectively for the sake of their children, before their relationship reaches a comfortable balance, they must figure out a way to get in touch with each other in a way that doesn't affect the calmness and stability of their children. The management of multiple daily schedules poses a challenge for parents who do not live together. At times, even the most polite and peaceful separated parents may find it hard to manage their time when it comes to staying updated about their children's needs and schedules.

Continue Reading What are the best apps for separated parents?

Airport Watch list

A child in Australia is unable to depart Australia without having the consent of both parents or those who have parental responsibility. To prevent the unauthorised removal of a child from Australia, a parent can apply to the Court for an order called an airport watch list order.

Continue Reading Airport Watch list
Breach of family law orders
Consent Order signing

Breach of family law orders

Family orders, either for parenting matters or property settlement, can be quite complex. What happens if you or your ex-partner fail to comply with the orders? If the orders are…

Continue Reading Breach of family law orders

How does domestic violence affect child custody?

It depends on numerous factors as to whether a mother or a father will get to spend time with a child if there is a history of domestic violence. These factors rely on one question, is it in the best interest of the child to allow custody or visitation to the parent who committed the act of domestic violence, if it is in the best interests of the child than that parent will be allowed custody when the Court sees fit.

Continue Reading How does domestic violence affect child custody?