Surrogacy arrangements in Queensland

By Margaret Miller • In Family LawComments Off on Surrogacy arrangements in Queensland

A surrogacy arrangement is an arrangement between a birth mother and another person or couple where the birth mother agrees to become pregnant with a child for the intended parents.  After the child’s birth, the birth mother gives up the child permanently to the intended parents. To learn more about the

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Adopting a child in Queensland

By Margaret Miller • In Family LawComments Off on Adopting a child in Queensland

Adoption is a legal process to transfer the legal rights and responsibilities of parenting from a child’s birth parents to new (adoptive) parents. The child’s adoptive parents become the only legal parents of the child. To learn more about the process of adopting a child in Queensland, please follow the link:

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How does the Family Court deal with inheritances?

By Margaret Miller • In Estates, Family LawComments Off on How does the Family Court deal with inheritances?

Many people going through a property settlement believe inheritances will not be part of the asset pool available for distribution between spouses and the question often arises about how the Court will deal with an inheritance in property settlement. The answer is that inheritances are assessed on a case by

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Family Court: Retirement of Justice Bell

By Belllegalwp • In Family Law, NewsComments Off on Family Court: Retirement of Justice Bell

The Family Court recently farewelled Justice Graham Bell who served on the bench for the past 39 years. Justice Bell was appointed to the Family Court on 27 February 1976, shortly after the introduction of the Family Law Act.  The following year, a referendum was passed setting a mandatory retirement

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Children, medical procedures and the Family Law Courts

By Joelene Seaton • In Family LawComments Off on Children, medical procedures and the Family Law Courts

For particular medical procedures or if a child is incapable of consenting to medical treatment on his or her own behalf, the Family Court will need to authorise it in its welfare jurisdiction. The Court’s welfare jurisdiction arises from the direct responsibility of the Crown for those who cannot look

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Property settlement with your ex-partner has been finalised, what could possibly go wrong? You’d be surprised …

By Margaret Miller • In Estate Planning, Estates, Family Law, WillsComments Off on Property settlement with your ex-partner has been finalised, what could possibly go wrong? You’d be surprised …

A recent news item has highlighted the importance of getting proper legal advice and attending to important legal matters once a relationship has ended.  In particular, a new Will should be made upon separation to prevent the distress that arose recently when a separated, but not yet divorced, man died.

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Relocating children overseas

By Joelene Seaton • In Family LawComments Off on Relocating children overseas

Australia is one of 57 other countries which are signatories to the Convention on the Civil Aspects of International Child Abduction. The Abduction Convention provides a mechanism for the prompt return of wrongfully removed or retained children (aged 16 years or under) between convention nations so that parenting issues can

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What is Equal Shared Parental Responsibility?

By Joelene Seaton • In Family LawComments Off on What is Equal Shared Parental Responsibility?

The parenting provisions of the Family Law Act 1975 were completely overhauled in 2006.  A significant change to the law was the introduction of a presumption of equal shared parental responsibility.[1] For some time after the change, there was a general misconception amongst the media and public that this meant

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Security for Costs in Family Law Proceedings

By Joelene Seaton • In Family LawComments Off on Security for Costs in Family Law Proceedings

Litigation is generally a very expensive and time consuming means of determining disputes, particularly in family law cases. The Family Law Act states that each party is liable to pay their own costs, although the Court does have a discretion to make other costs orders if it can be persuaded

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Separation and Divorce – Your Action Plan

By Joelene Seaton • In Family LawComments Off on Separation and Divorce – Your Action Plan

1) Have equal decision making power During your relationship, perhaps one spouse was in charge of financial decisions or  running the household. After separation, you need to understand your legal rights and obligations when your situation changes. Too often, when people separate, they allow the other party to dictate financial

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