Family Violence Restraining Order: What is Family Violence?

Family Law Domestic violence or family violence is unfortunately common in Australia which is a contributing factor to homelessness in women, children and men. According to statistics, one in four women and one in thirteen men has experienced violence from an intimate partner. Family violence also affects the children in the family with 86.8% of them indicating they either saw or heard the violent situation. These statistics are rather alarming and what makes the situation potentially even more dire is that many…

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When Can You Apply for a Restraining Order in Western Australia?

When Can You Apply for a Restraining Order in Western Australia?

Family Law Generally speaking, you can make an application for a restraining order in Western Australia if you believe your safety is at risk. Some examples of where you might find that your safety is at risk may include but not limited to: Where you have been assaulted physically You have been threatened with violence or assault You have had your property damaged You feel that someone is stalking you Someone has been intimidating you Someone has been behaving in…

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What About Custody After Divorce?

Family Law Whether you’re a mother or father, custody can be a difficult discussion to have in any separation. There’s bound to be disagreements with emotions running high, and it’s why an intermediary is sometimes a good idea. Custody arrangements are something that needs to be agreed upon as part of a separation, but it’s important to note that those arrangements are not made as part of filing for a divorce. If you’re in the process of separating but don’t…

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Divorce: How Does it Work?

Family Law Filing for divorce can be a complex task – but it doesn’t need to be. Splitting property, finances and custody is by no means a simple thing, but working with a family lawyer means you have someone to help guide you through a process that can be emotionally charged. So how does getting a divorce work? Before getting a divorce, there are a few criteria that need to be met, including being separated for 12 months and arranging…

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Filing for Divorce: Why You Should See a Lawyer First

Family Law Deciding to separate can be a stressful and messy experience for all involved. ‘We’re getting a divorce’ is not a phrase most people want to say to their friends or family – but in some cases it might be the only course of action left in a difficult situation. While the Family Court of WA has been streamlining its divorce process (filing for divorce can now be initiated online through Commonwealth Courts Portal), there’s a reason why so…

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Why it is a Good Idea to Have a Family Lawyer

Family Law You might be wondering ‘Why would I need a family lawyer?’ and it’s a valid question. Your family life might be going great and, truth be told, that’s what we’d prefer to hear! If our years of experience as family lawyers have reinforced anything – it’s that our lives are full of surprises. A relationship might slowly start falling apart, custody arrangements could sour, or one of the kids could find themselves on the wrong side of the…

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When can my child decide who to live with?

Family Law This is one of the most common questions that family lawyers are asked by parents who are separated. The Family Law Act 1975 and case law does not define the age for when children can decide who they live with. Generally, Courts are more likely to give greater weight to adolescent children’s views and wishes, in light of their developmental maturity in comparison to younger children. This is consistent with the social science literature suggesting that adolescence is…

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Private recordings as evidence in the Family Court

Family Law It is important to be aware that in Western Australia it is an offence to record a private conversation without the consent of each party to the conversation. However, it also remains true that the Family Court will sometimes allow private recordings into court as admissible evidence. In addressing this issue, I refer to the following cases. Recordings – admissible but useful? The Family Court will consider a number of factors when deciding if and how to…

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