The Merger of the Family Court of Australia and the Federal Circuit Court of Australia

Headshot of Emily Cullen - Solicitor at Everingham Solomons TamworthIn February 2021, the Senate passed the Federal Circuit and Family Court of Australia Act 2020 providing for the amalgamation of our two specialist Family Law Courts in Australia: The Federal Circuit Court of Australia and The Family Court of Australia.

The Act provides for the establishment of a new Court, the Federal Circuit and Family Court of Australia (FCFCA) comprising of two (2) divisions:

  • FCFC Division 1 will continue the work of the Family Court of Australia, dealing with the more complex matters and exercising appellate jurisdiction; and
  • FCFC Division 2 will continue the work of the Federal Circuit Court of Australia and will be the point of entry for all new family law and child support cases.
Read More

What’s in a name?

Applying to change your child’s name after separation or divorce.

Under the Family Law Act 1975 (Cth), parents are required to make decisions jointly in regards to all matters concerning their child’s long-term care, welfare and development.

If both parents agree to change their child’s name, the process is simple. In New South Wales, applications to register a change of a child’s name are governed by Section 28 of the Births, Deaths and Marriages Registration Act 1995.

‘The parents of a child may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child’s name if –

a) The child’s birth is registered in the State, or
b) The child was born outside Australia, the child’s birth is not registered in Australia and the child has been a resident in the State for at least 3 consecutive years immediately preceding the date of the application.’… Read More

Coronavirus – Managing Parenting in a Pandemic.

The coronavirus is having a significant impact on many public services and of course families. This includes the operation of the family law system and its associated courts.

The Family Law Section of the Law Council of Australia has recently published a Top 10 guide for separated parents during these testing times. Please see article below.

– Jennifer Blissett

Separated parents experience both the joys and stressors of parenting. But additional pressures and stresses such as those associated with the Covid19 Pandemic can be hard to accommodate and provoke anxiety in parent and child alike.

The Family Law Section has compiled these TOP TEN suggestions to help separated parents navigate this difficult time.… Read More

Is A Sperm Donor A Parent? – Sophie Newham

Many individuals now plan to have children on their own without a partner.

This means that the traditional make up of a family is no longer clear cut and the law has to keep up with significant social and cultural changes in society making the definition of parents and families so much more complex.

Many parents who use formal or informal sperm donors or conceive a child outside of a married or de-facto relationship, want to know whether sperm donors have any parental rights once their child is born.

There are a number of relevant laws in place in New South Wales, but in summary a sperm donor is presumed to not be a parent of a child unless married or in a de-facto relationship with the mother at the time of conception.… Read More

Parenting arrangements after separation – Sophie Newham

SKNWhen married or de-facto parties with children separate they should try to enter into practical and child focused arrangements between themselves in regard to the care and welfare of their children.

The Family Law Act 1975 governs all family law matters in Australia.

The law states that parenting matters must always consider the best interests of the child as the paramount consideration.  It must also ensure that children are protected from physical or psychological harm from being exposed to abuse, neglect or family violence.

Parents do not actually have rights over children, but rather they have “parental responsibilities”. This incorporates decision making by parents as to major long term decisions such as who children are to live with, what religion they may practice, and where they are to go to school for example.… Read More

Am I entitled because it was convenient? – Sophie Newham

SKNWhen a marriage breaks down, it is not automatic that a property settlement occurs under the provisions under the Family Law Act.

In the recent case of Higgins, which was before the Family Court in 2018, the questions arose as to whether or not a wife was entitled to a division of property under the Family Law Act.

The facts of this case were, the husband was aged 76 years, the wife was aged 43 years.

The parties met in 2006, at this time the wife was working as an escort, the husband became her client.  The parties married in 2012 and separated in 2015.… Read More

Two children and a long relationship but was it a de-facto relationship? – Sophie Newham

SKNNot all couples wish to marry, but commit themselves to each other. The term in which a couple who are committed and live in a domestic relationship together is referred to as a “de facto relationship”. In such relationships sometimes it is hard to pinpoint when the relationship commenced and when such relationship ended.

Such questions arose in the case of Weldon and Levitt (2017).

Short facts of this matter were as follows:

  • Relationship between the parties was a relationship for approximately 12 or so years.
  • The parties had two children together.
  • The parties held no joint accounts.
  • With the exception of 12 months the parties resided in separate residences, when residing in separate residences neither party shared expenses for each other’s households.
Read More

Can I be married and also have a de-facto spouse? – Sophie Newham

SKNThe Family Law Act in Australia determines whether couples are in de-facto relationships for the purpose of adjusting their property interests upon the breakdown of such relationships.

It is possible to be married and to have a partner who meets the definition of being a de-facto partner.

The court applies “elements” to determine whether, having regard to all the circumstances of the relationship that a couple “lived together on a genuine domestic basis”.

For example the court will look at aspects of the relationship such as:

  1. The length of the relationship;
  2. The nature and extent of the common residence;
  3. The financial relationship between the parties;
  4. Whether there was a sexual relationship;
  5. Whether the parties acquired property and how they improved or used those property assets during the relationship; and
  6. Whether there was a mutual commitment to a shared life.
Read More

Protecting assets in the event of a relationship breakdown – Sophie Newham

SKNThe Family Law Act 1975 deals with adjusting the assets and liabilities of separated married and de-facto couples. A property settlement is not a “right”, but rather the court must consider if it is fair and reasonable in all the circumstances for a property settlement to take place at all.

If a property settlement is necessary, the court must consider what actually constitutes the assets and liabilities of the parties. Often the issue of liabilities becomes a vexed issue.  For instance, is money provided by parents a gift or a loan which must be repaid?  If it is deemed to be a gift was it made to one or both parties? … Read More

Parenting arrangements after separation. – Sophie Newham

SKNWhen parties with children separate they should try to enter into practical and child focused arrangements between themselves in regard to the care and welfare of their children.  Arrangements should be structured and practical but also allow some flexibility.  Children have a right to a meaningful relationship with both parents and any parenting arrangements should reflect this principle.

For some parents, where there is a disagreement in respect of future parenting arrangements, the Family Law Act requires them to attend family dispute resolution, which is also known as “mediation” before embarking on making an application in court for parenting orders. In Tamworth, mediation takes place at “Centacare”.… Read More