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.
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.
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.
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.
You have a strict time limit of 12 months from that date of your divorce order to make an application to the Court for a property settlement. In de facto, you have two years to apply to the Court for a property settlement.
There is no simple, straight answer that anyone can give you; and if someone has given you a flat age, they either do not understand the complexity of this issue or have decided not to share those complexities with you.
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