How many family law inquiries do we need to understand the significance of family violence, and the flaws in our family law system? “There are people out there who are nothing but liars and who will use that in the court system…. I am hearing too many cases where parents are using domestic violence to … Read more
Unsurprisingly there is no such thing as a Friendly Agreement under the Family Law Act 1975 (the Act). However financial agreements are prescribed under the Act. When a couple enters into a financial agreement, they relinquish their rights to bring a claim against each other for a property split or spousal maintenance in the Family … Read more
By Stefan Pantellis (Lawyer) and Kristina Antoniades (Special Counsel) When Court proceedings are initiated in relation to children, most parties are usually independently represented by lawyers who advise their clients (based on their particular circumstances) as to what would be a reasonable care arrangement for the children moving forward. Although the best interests of the children … Read more
By Bronwyn Montgomery (Lawyer) and Kristina Antoniades (Special Counsel) For parents, the thought of their children travelling overseas with the other parent post separation, can be stressful and trigger anxiety. However, children’s lives should not be affected by the separation of their parents – they should still have the same opportunities they would have had, … Read more
By Bronwyn Montgomery (Lawyer) and Kristina Antoniades (Special Counsel) Any parent can appreciate the anxiety another parent feels when their former partner makes the unilateral decision to remove their child from the country in which they are living, without that parent’s consent or knowledge. This is known within family law as child abduction. If your … Read more
By Cano Ergun (Trainee Lawyer) and Kristina Antoniades (Special Counsel) On 24 July 2019 the Magistrates’ Court of Victoria (MCV) and the Children’s Court of Victoria implemented two important changes in relation to family violence intervention orders. These are: Updated standard conditions for family violence intervention orders (FVIO); and Information sheets to be attached to … Read more
By Kristina Antoniades (Special Counsel) In a landmark decision handed down by the High Court of Australia today, it has been ruled that a sperm donor, who donated sperm to a woman with whom he was not in a relationship at the time of conception, is legally the father of the child born as a … Read more
By Kristina Antoniades (Special Counsel) In April 2019, the High Court of Australia will hear an appeal regarding the legal parentage of a child born as a result of an artificial conception procedure from a known sperm donor. The case is significant, and the decision will potentially impact countless Australian families. Background The Applicants in … Read more
For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Shared arrangements For young children, Christmas Eve and Christmas morning are full of excitement waiting for Santa, … Read more
