Family Law

How do I apply for registration on the NSW Relationships Register?

Both parties need to complete a statutory declaration declaring that they want to register; are in a committed relationship; are not married to another person or in a “couple” relations...

Given that altruistic surrogacy is now legal Australia-wide, what Federal laws have bearing on the surrogacy process for intended parents?

The impact of immigration laws on overseas surrogacy has caused many parents to be held up in foreign countries awaiting immigration papers for their child. Some of this confusion is related to imm...

My son's school refuses to register him with my name but his father is estranged from us. What can we do? I don't want to get a new passport for him.

A change of surname require either the father's approval, or court permission, and in your circumstances a court is very likely to give that permission. Because of your son's age, and t...

A violence restraining order has been served on me. What does this mean?

When someone applies for a violence restraining order, the court usually hears the application as soon as possible at an interim hearing. Only the person applying for the order gives evidence a...

We have a family business, which has a Self-Managed Super Fund and my husband will get my interest in the business, but I would like to leave my super in the fund. Can we do that?

All members of a self-managed fund must be Trustees of the Fund, or directors of a company trustee. Unless your husband is prepared to have you in such a role, you should expect that your s...

I have been deceived by my bride; can I get the marriage annulled?

"I married a lady from overseas I met through the internet. As soon as we were married she told me she only married me to get permanent residence and she left me. We never consummated the marri...

"I believe I have a child & I want to pay child support, but the Agency won't let me, Why?"

I believe I am the father of my ex-partner’s child and would like to pay child support. We were living with each other five years ago but weren’t married or living with ...

My ex has not been making sufficient Child Support payments – what should I do?

My ex-partner and I drew up a binding agreement to set up the child support he has to pay directly to my account. This is less than the Child Support Agency calculated amount. How d...

I want to take the kids on holiday for Christmas but my ex wants to see them to. What do I do?

"I want to go away with the kids for Christmas but need Christmas Eve to pack and prepare. Their father wants to see them even though it is an inconvenience to me. What can I do?"

I've been told to get a certificate issued by a family dispute resolution practitioner for my parenting order. What does this mean?

From 1 July 2007, parenting order applications must include a certificate issued by a family dispute resolution practitioner that states:

• family dispute resolution has occurred...

We have separated, and my ex says he wants to have our marriage annulled. What is the difference between that and a divorce?

Nullity is a finding that a marriage is void. The most common grounds are bigamy, a phony ceremony or lack of consent. The latter can cover duress, fraud, mistake as to the nature of th...

Do I have a claim against my husbands family buiness of the trust?

"My husband works for a family company which his parents founded. It is owned by a family trust which I believe they control. We have separated. Do I have any claim against the business or...