Comments for Brisbane Family Lawyers http://brisbanefamilylawyers.com.au Free divorce advice Tue, 14 Feb 2012 01:07:16 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on Communicating with your child’s other parent about schools by Lynette http://brisbanefamilylawyers.com.au/children/communicating-with-your-childs-other-parent-about-schools/comment-page-1/#comment-667 Lynette Tue, 14 Feb 2012 01:07:16 +0000 http://brisbanefamilylawyers.com.au/?p=218#comment-667 This is Lynette testing? This is Lynette testing?

]]> Comment on Legal Aid for Queensland Children’s matters by Lynette http://brisbanefamilylawyers.com.au/blog/legal-aid-for-queensland-childrens-matters/comment-page-1/#comment-661 Lynette Mon, 16 Jan 2012 06:01:39 +0000 http://brisbanefamilylawyers.com.au/?p=198#comment-661 Hi there Rachael. To get sole custody of your child, you would need to get an order of the Court. Usually the courts don't like to deprive a child of the care of one parent, even if that parent is a bit disinterested ( to say the least). Your daughter is only 2 years old, and may yet develop a relationship with her Dad. I think you have tried to encourage her Father to have an interest but he is not keen at this stage. the time that this becomes a big problem is if you need his permission as the other parent, for medical reasons or for a passport. If you are sure he is not going to be around, then you may be able to convince a court to give you sole parental responsibility for day to day matters and those big, long term matters like medical and education. The Court would want to be sure he is really not interested, though and he would need to be located in order for documents to be served on him to he can go to Court and respond to your application. I take my hat off to you, raising this little girl on your own. She is lucky to have you caring for her. Kind regards,Lynette Hi there Rachael.
To get sole custody of your child, you would need to get an order of the Court. Usually the courts don’t like to deprive a child of the care of one parent, even if that parent is a bit disinterested ( to say the least). Your daughter is only 2 years old, and may yet develop a relationship with her Dad. I think you have tried to encourage her Father to have an interest but he is not keen at this stage. the time that this becomes a big problem is if you need his permission as the other parent, for medical reasons or for a passport. If you are sure he is not going to be around, then you may be able to convince a court to give you sole parental responsibility for day to day matters and those big, long term matters like medical and education. The Court would want to be sure he is really not interested, though and he would need to be located in order for documents to be served on him to he can go to Court and respond to your application.

I take my hat off to you, raising this little girl on your own. She is lucky to have you caring for her.

Kind regards,Lynette

]]> Comment on Legal Aid for Queensland Children’s matters by Lynette http://brisbanefamilylawyers.com.au/blog/legal-aid-for-queensland-childrens-matters/comment-page-1/#comment-660 Lynette Fri, 13 Jan 2012 06:36:36 +0000 http://brisbanefamilylawyers.com.au/?p=198#comment-660 Hello Christine I suggest that your friend go onto the Child Support Agency website and try to use the Child Support Estimator thereon to estimate what his likely weekly or monthly child support obligation was likely to be in the event of a child support assessment being made in this case. That figure would be a good guide to the amount of financial support your friend should be providing on a voluntary basis to his ex partner for the maintenance of his child. It is unusal that the other party has not yet applied to the Child Support Agency for the making of a child support assessment. There is no specified list of what he should or should not pay for and getting into any sort of discussion with the other party would appear to be an exercise in futility. Your friend should keep a diary and accurately record therein details of the dates and time which his son spends with him. That will be useful if a dispute about child support develops down the track. - Don Gassner, Strathpine Lawyer Hello Christine

I suggest that your friend go onto the Child Support Agency website and try to use the Child Support Estimator thereon to estimate what his likely weekly or monthly child support obligation was likely to be in the event of a child support assessment being made in this case. That figure would be a good guide to the amount of financial support your friend should be providing on a voluntary basis to his ex partner for the maintenance of his child. It is unusal that the other party has not yet applied to the Child Support Agency for the making of a child support assessment.

There is no specified list of what he should or should not pay for and getting into any sort of discussion with the other party would appear to be an exercise in futility. Your friend should keep a diary and accurately record therein details of the dates and time which his son spends with him. That will be useful if a dispute about child support develops down the track.

- Don Gassner, Strathpine Lawyer

]]> Comment on Legal Aid for Queensland Children’s matters by Lynette http://brisbanefamilylawyers.com.au/blog/legal-aid-for-queensland-childrens-matters/comment-page-1/#comment-659 Lynette Fri, 13 Jan 2012 06:36:06 +0000 http://brisbanefamilylawyers.com.au/?p=198#comment-659 Hi Rich, It would be open to you to apply to the court to seek an injunction to prevent your ex from taking the children out of the Commonwealth of Australia without your written consent or an order of the court. Children are not elegible children for the purpose of the Australian child support legislation unless they are present in Australia on the day the child assessment is applied for or are ordinarily resident in Australia. However, if your spouse travels to a country which may be a reciprocating jurisdiction for the purpose of child support , an obligation on your part to pay maintenance or child support may arise. That obligation would not be dependent on whether or not you were seeing the children. - Don Gassner, Strathpine Lawyer Hi Rich,

It would be open to you to apply to the court to seek an injunction to prevent your ex from taking the children out of the Commonwealth of Australia without your written consent or an order of the court. Children are not elegible children for the purpose of the Australian child support legislation unless they are present in Australia on the day the child assessment is applied for or are ordinarily resident in Australia. However, if your spouse travels to a country which may be a reciprocating jurisdiction for the purpose of child support , an obligation on your part to pay maintenance or child support may arise. That obligation would not be dependent on whether or not you were seeing the children.

- Don Gassner, Strathpine Lawyer

]]> Comment on Property settlement in Divorce and separation in difficult financial times by Lynette http://brisbanefamilylawyers.com.au/blog/property-settlement-in-divorce-and-separation-in-difficult-financial-times/comment-page-1/#comment-658 Lynette Fri, 13 Jan 2012 06:35:11 +0000 http://brisbanefamilylawyers.com.au/?p=178#comment-658 Hi Abe, Under Australian matrimonial property law there is no presumption of an automatic 50/50% split of matrimonial property upon separation or divorce.In deciding the percentage division of matrimonial property between a husband and wife the court takes into account a wide range of considerations eg the financial and non financial contributions of the parties to the acquisition , improvement and maintenance of the matrimonial property pool and their contribution to the welfare of the family unit , the age and state of health of the parties , their respective income earning capabilities , whether either party has a financial resource such as superannuation which has not yet vested or the expectancy of an inheritance. We would need to receive detailed financial information from you regarding the contributions of both parties to building up the matrimonial assets and the future financial needs of the parties before we could give you an accurate opinion regarding your likely percentage share. - Don Gassner, Strathpine Lawyer Hi Abe,

Under Australian matrimonial property law there is no presumption of an automatic 50/50% split of matrimonial property upon separation or divorce.In deciding the percentage division of matrimonial property between a husband and wife the court takes into account a wide range of considerations eg the financial and non financial contributions of the parties to the acquisition , improvement and maintenance of the matrimonial property pool and their contribution to the welfare of the family unit , the age and state of health of the parties , their respective income earning capabilities , whether either party has a financial resource such as superannuation which has not yet vested or the expectancy of an inheritance. We would need to receive detailed financial information from you regarding the contributions of both parties to building up the matrimonial assets and the future financial needs of the parties before we could give you an accurate opinion regarding your likely percentage share.

- Don Gassner, Strathpine Lawyer

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