In the News...

Abusive mother allowed to keep children

In what appears to be a very unusual case a Family Court has ordered that the children of an abusive Mother are to remain living with her and the Father is not permitted to spend any time with them at all.

The Mother had made the children so distressed at seeing their father that Justice Austin decided that they should not have to see him.

Evidence was presented that showed that the Father had warm loving relationships with the children in the past. This relationship however was undermined by the mother who instilled in the children a fear of the father.

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Family Law - Divorce

You can apply for a divorce in Australia if either you or your spouse:-

  •      Regard Australia as home and intend to live in Australia indefinitely;
  •      Are an Australian citizen by birth, descent or by grant of Australian citizenship; or
  •      Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You also need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months
and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and
still be separated.

The granting of a divorce does not decide issues about property and maintenance or parenting arrangements for
your children. If you want to make arrangements about these issues you can:-

  •        Make an agreement with your spouse and file it with the Court; or
  •        Seek orders from the Court, where you and your spouse cannot reach an agreement.

For parenting cases you also have the option to make a parenting plan. For more information about parenting
plans, go to www.familyrelationships.gov.au, call 1800 050 321 or visit a Family Relationship Centre near you.

If you want to apply for maintenance for yourself or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.

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Of Interest...

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