Domestic violence is a breach of human rights. It occurs in relationships between spouses or intimate partners and when one person tries to control the other person. The perpetrator uses intimidation and fear and threatens or may actually use physical violence. Domestic violence causes fear, physical and/or psychological harm. Research shows that living with domestic… Continue Reading
Reaston Drummond Law
Category Archives: Legal News
Interim Spouse Maintenance
When parties have been married or lived in a de facto relationship, a party may make a claim for the other party to provide financial support in certain circumstances. The relevant sections of the Family Law Act are: • Sections 72 – Right of spouse to maintenance; • Section 74 – Power of Court in… Continue Reading
International Relocation
I was successful in an international relocation application for a client who wanted to relocate with her child from Thursday Island to the Czech Republic. Yes, it was a lot of work but I had a dream client who worked with me. The child was 11 years of age. Since separation, the child had lived primarily with… Continue Reading
How to apply for a restraining order
Want to know how to apply for a restraining order? Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information here for you. Domestic Violence Orders are part of a strategy to protect the… Continue Reading
Difference Between a Binding Financial Agreement and Consent Order
Binding Financial Agreements v Consent Orders Clients often come in to see me about a property settlement and ask about having a binding financial agreement (BFA) drawn up. When I ask why a BFA rather than consent orders, all too often their answer is – it was suggested to me by a friend/ colleague/ accountant… Continue Reading
Hague Convention on International Child Abduction
Australia is a party to the Hague Convention on the civil aspects on international child abduction. The Convention is an international treaty, under which arrangements are made for the return of children who have been wrongfully removed from, or retained outside, their country of habitual residence. The Convention sets up a central authority in… Continue Reading
Need advice about Family Court? Know these top tips
So you’ve been served with Court papers and have to attend Court. It can be tempting to stick your head in the sand and hope it will all go away. Whatever you do, DON’T IGNORE WHAT IS HAPPENING. 1. Seek advice early on – Don’t wait until a day or two before the Court… Continue Reading
Separation Checklist
Separating can be a very daunting time. Emotions are high and you may be worried about your financial security. Apart from seeking legal advice, there are some practical steps you can take to ensure you are not overwhelmed by the separation process. Separation Checklist Mail • Keep track of all incoming mail –… Continue Reading
The Pros and Cons of Deferred Legal Fees
Are you concerned about your legal costs? Want to know more about deferred legal fees? Deferring the payment of legal fees until the conclusion of the matter is an option sometimes offered by legal firms in family law matters. Whilst this has the advantage of not having to pay legal fees upfront, there are often… Continue Reading
What Happens If A Parent Dies After A Parenting Order Has Been Made?
One of the tragic situations we sometimes come across as family lawyers is the death of a parent who still has children under 18 years. If parenting orders are in place that provide for a child to live with one parent, and the orders do not provide for what is to happen on that parent’s… Continue Reading
