Parenting Orders – Considerations of the Court
In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...
Mistakes made in Child Custody Proceedings – Watch Your Behavior
INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...
Making your AVO work for you
Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...
Women and Family Law
This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...
Share the Care Parenting Plan – Collaborative Parenting Apart
Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...
An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement
Wallace & Stelzer and Anor  FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...
International child abduction occurs when a child is taken out of Australia by a parent (or guardian) without permission.
It can also apply to cases where foreign children are removed from their countries of origin to Australia. Child Abduction is usually done by stealth and before the other parent becomes aware of the intention to leave Australia.
The role of international agencies
International agencies work together to prevent child abduction or arrange for the return of children to Australian parents.
Many countries are signatory to the Hague Convention regarding child abduction. This is a legal treaty signed by countries in which they agree to assist one another.
When you might need to see a lawyer
- If you think the other parent is planning a trip away from Australia with your child;
- Your ex-spouse is coming from overseas and you are worried they plan to abduct your child;
- Your child is a citizen of a country which allows one parent alone to apply for the child’s passport;
- The other parent has a home, a family or other connections overseas and you are concerned that there is no reason for them to stay in Australia;
- The other parent has no substantial property or employment in Australia, and nothing keeping them in Australia;
- The other parent has already left Australia with your child;
- You are not sure if they plan to return or if you believe they will not return;
- There is a link to overseas family or property; and/or
- There is no other significant link to Australia.
If you think any of the above applies to you, you should make an urgent appointment to see one of our lawyers for further advice on your specific situation.
Call the experienced team at GMH Legal to assist you in your matter.
A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.
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- Over 60 years of combined legal experience
- Outstanding track record with a winning approach
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- Meet our team now.