Family Law Solutions

If one party is not paying child support can I stop that person having contact for this reason?

Generally no. Likewise if contact is being refused generally you still have to pay child support.

Do grandparents have a right to see their grandchildren?

Grandparents (or anyone who wants an ongoing relationship with a child) can apply for an Order giving them contact with the children. Children have a right of contact with both parents and other significant people in their lives unless it is contrary to their best interests.

What should I do when I separate?

If you believe the relationship can be retrieved you should see a counsellor. Seek legal advice. We can advise you about all matters which can arise, e.g. children/child, support/contact/maintenance/property. If you are not receiving financial support go to the Child Support Agency or Centrelink so that you can apply for a Child Support Assessment in relation to the children with you or if you are not working to apply for a Supporting Parents Pension.

If we resolve matters and properties are to be transferred one to the other do we have to pay stamp duty?

Not if the transfer is pursuant to an Order.

What do I do if the other party is assaulting me or causing problems at home and I need emergency assistance?

Ring the Police and subsequently seek legal advice. The Police can arrest and charge the other party and/or obtain an Apprehended Domestic Violence Order.

I want to end my relationship but my spouse won't move out of the house. What can I do?

The Family Court can make an exclusive occupancy order of the house for either spouse. That means you can live in the house without your spouse living there until the property has been divided. When the Court considers an application for exclusive occupancy it looks at the needs of both parties and the children.

Can a child make their own decision about where they want to live?

There is no particular age when the Family Court will listen only to what a child wants to do. The Court must consider the wishes of a child but the importance placed on those wishes will depend on the child's maturity and level of understanding.

Can I stop my spouse selling assets?

Yes. If there is a danger your spouse will dispose of assets so as to reduce the value of property available to the parties you can seek urgent Orders preventing this.

What happens about financial support for the children?

You may apply to the Child Support Agency for that agency to assess the amount payable. That Agency will be responsible for collecting the child support from the other party. If you are in receipt of a pension then Centrelink will require you to complete an Application for Child Support for the Child Support Agency to assess the amount payable for the children by the other party.

What can I do if I believe the other party is going to take the child out of the country?

You should contact us so that we can prepare an urgent Application for orders that the Australian Federal Police list the children on a Watch List at all major airport.