Going To Court

genuine steps certificates

What is a Genuine Steps Certificate?

The genuine steps certificate was introduced into Family court proceedings as one of the procedural changes resulting from the Federal Circuit and Family Court merger, which took effect on September 1, 2021. The FCFCOA emphasised the importance of negotiation and conflict resolution and stressed that parties seeking divorce or settlement should “avail themselves of every …

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ex-parte application for child custody

What is an ex-parte application for child custody?

What is an ex-parte application for child custody? An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on one person’s affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing and the respondent must be served before that hearing …

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what happens in an international divorce

What happens in an international divorce?

In Australia, an international divorce happens if one of the parties comes from a jurisdiction outside of Australia or one or both parties are living overseas as expatriates when the decision to divorce occurs. What happens in an international divorce? Australia’s “no-fault” divorce laws mean that obtaining an international divorce is quite straightforward and just …

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family violence international relocation

Family Violence In Parenting Proceedings

If the court is to find that there has been a history of family violence, is it relevant to current parenting proceedings? In Soulos & Sorbo [2019] the Full Court explored how to treat historical family violence in current parenting proceedings. The father appealed an order permitting the mother’s relocation order of the parties’ eight year …

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