by Sara Burnheim | Apr 28, 2012 | Family
When orders have been made by the Court in relation to the welfare of children and it is time to hand the children over to the other parent, what do you do when the child says “I don’t want to go”. Do you put the child back in the car or do you encourage the child to go?
This was addressed in the recent case of Raider and Raider [2011] by Justice Forrest. The facts of this case were the mother lived in Sydney with the two children, aged 13 and 11, and the father lived in Surfers Paradise, Queensland. The children were to spend time with the father during the school holidays and the mother was to give the father 28 days notice of when that was to occur.… Read More
by Sara Burnheim | Feb 25, 2012 | Uncategorised
In every family law property case there must be full and frank disclosure of all financial information.
The matter of disclosure and making informed decisions was raised in the recent case of Nyles & Nyles [2011] FamCA 565 whereby the husband sought to set aside Orders on the basis of the wife failing to disclose pertinent financial information.
The facts of the case were that the wife was a director and shareholder in a company which was possibly going to be placed on the public market. If this was to occur, the wife stood to receive significant financial gain. Despite this, the husband and wife entered into consent orders prior to the information relating to the public float being available.… Read More
by Sara Burnheim | Jan 21, 2012 | Uncategorised
There are instances whereby parents assist their children financially even when those children are grown up and have families of their own. Whether it be helping with mortgage payments, providing rent free accommodation, helping out with the groceries or an inheritance at the end, these may be significant from a Family Law perspective.
Parents usually don’t mind helping their children, but what happens when your child separates from their partner and they want to benefit from your generosity?
This was argued recently in the matter of Ross & Audley [2011]. The parties commenced cohabitation in 1986 and were married in 1987.… Read More
by Sara Burnheim | Dec 3, 2011 | Family
Your first marriage did not succeed but you have now found a partner with whom you want to share the remainder of your life with. You both have children from a previous marriage but no children together. Your only asset is the matrimonial home and life is pretty comfortable.
What happens when either you or your spouse need to leave the matrimonial home due to ill health? Who is going to pay the costs when the cash is tied up in the matrimonial home? What happens when adult children become concerned for the welfare of their parent, not the marriage?
This was a question for the Full Court of the Family Court to determine in the matter of Stanford & Stanford [2011] Fam CAFC 208 after the children appeared on behalf of their parents. … Read More
by Sara Burnheim | Sep 3, 2011 | Family
My name is Sara Burnheim and I have recently joined Everingham Solomons. I will be working mainly in the Family Law area.
It seems like a lifetime ago that I started my legal career here in Tamworth as a young undergraduate law clerk.
Now I am back some 6 years after leaving and I feel that I have come back home, a more experienced (and worldly) solicitor.
Since leaving Tamworth in 2005 I have had a variety of different experiences, from working in more remote communities, travelling overseas working and taking in the wonders of Europe, to a stint at Parliament House in Sydney.… Read More
