Blog
-
More Watts McCray Kernans Family Law Seminars
We promised you there’d be more, and we have delivered. Watts McCray Kernans will hold 3 more family law seminars on the following dates: Thursday 16 May 2013 -12:30pm- 1:30pm Thursday 23 May 2013 -12:30pm- 1:30pm Thursday 30 May 2013 – 12:30pm- 1:30pm Kate O’Grady, our resident Accredited Specialist – Family Law, will present the FREE seminars on these dates. The seminars will cover the following topics: Marriage/De Facto separation Divorce Parenting arrangements Child Support Property settlement Spousal maintenance Other important issues to consider when separating RSVPs for these events are essential. Please contact Claire Laurent at our Central Coast [...]
-
Children of divorced parents are more likely to start smoking
Author: Watts McCray Comments: 1
Unfortunately nowadays it’s not uncommon for young adults to become addicted to smoking at a young age, but recent studies have shown that the chances are increased if the individual comes from a divorced family. A study from Esme Fuller-Thomson of the Factor-Inwentash Faculty of Social Work at the University of Toronto involved more than 19,000 Americans from the U.S. Centres for Disease Control for her survey. The study found that women who experienced divorce before they turned 18 had 39 per cent higher odds of becoming smokers than children of intact marriages. For men it was more severe, as [...]
-
Stepchildren and inheritance – what you need to know
Author: Watts McCray Comments: 0
In Australia, the family is shifting from a nuclear family to a blended family from different backgrounds and cultures. Between adoption, separations, and a divorce rate of one in three marriages, inevitably many Australian families are made up of biological children, stepchildren, and adopted children. Under current legislation within most states in Australia, stepchildren are not treated the same as biological children when it comes to wills, inheritance, and claiming from the estate of a deceased parent – and this can leave a tricky grey area when it comes to family law and, in particular, inheritance law. Stepchild vs. biological [...]
-
Patrick Parkinson on Dispute Resolution in Australia
Professor Patrick Parkinson’s article about the process of dispute resolution in Australia explains the recent procedural revolutions regarding child custody laws that Australia has ever seen: “This article explains these changes by first describing the division of legislative responsibility in parenting matters, and the language used in Australia in place of “custody”. It then explores the procedure for resolving parenting disputes. The changes include new laws dealing with parenting after separation, and new processes for resolving family disputes, in particular, the development of Family Relationship Centres.” If you would like to read more about this article, please follow the link to [...]
-
Professor Patrick Parkinson – ‘When is Parenthood Dissoluble?’
Professor Parkinson’s article ‘When is Parenthood Dissoluble?’ examines the notion that: “following the breakdown of a marriage, the court simply allocated the children to one parent or the other has given way to an emphasis on the importance of having both parents involved in children’s lives following separation. This typically involves joint parental responsibility even if the parents never married, and, where geographical proximity allows, some level of shared parenting. Whereas once family law was premised on the indissolubility of marriage, now a defining feature of family law in western societies is the notion that parenthood is indissoluble.” Parkinson writes: [...]
-
The child support scheme and parents
Author: Watts McCray Comments: 0
Child support can be a difficult process as it is, but a new study shows the child support system – which underwent reform in 2008 – is actually so complex that the majority of parents don’t understand the rules. Conducted by Professor Bruce Smyth from the Australian National University, the study shows that more than 80 per cent of parents who pay or receive child support didn’t know or were confused about how child support calculations are worked out – and what’s more, one in five thought they knew the rules but were misinformed. Less than one in 10 were [...]
-
How many parents can a child have?
Author: Watts McCray Comments: 2
In the midst of some of the big discussions around same-sex marriage laws, a new legislative proposal in the state of California in US challenges some of the traditional perceptions of family and parentage. If the new bill (which is currently being fast tracked through the state legislature) is passed, Californian children could potentially have more than 2 legally recognised parents. If passed, the California state courts would recognise parenting claims for more dynamic family arrangements, for example where a same-sex couple asks a friend or third party to help them conceive a child. The bill has been championed by [...]
-
The Family Violence Act – understanding the changes
Author: Watts McCray Comments: 0
From 7 June 2012, amendments and reforms to the existing Family Law Act have come into effect, clarifying the approach to certain matters in Family Law. These changes have been collectively termed the Family Violence Act. Specifically, the act elevates the significance of protecting children from family violence in Family Law matters. The amendments prioritise the safety of children and modify the definition of family violence and abuse to reflect more contemporary understandings of these terms, which can include physical as well as emotional abuse. What has changed in the Family Law Act? The key changes to the Family Law [...]
-
The Role of the Independent Children’s Lawyer – Children and Divorce Series
Author: Watts McCray Comments: 1
When parents can’t agree on what arrangements should be put in place for their children upon separation, those issues are usually brought before the Family Court or Federal Magistrates Court (“the court”). A court order can be issued on a number of matters such as mandating where a child lives, and arrangements for the child to spend time with each parent ,where they must always consider the best interests of the child. Sometimes, the court may feel that the best interests of the child actually the child to have formal and independent legal representation. In these situations, the court will [...]
-
Mother in Family Court to keep her children in Australia – Children and Divorce
Author: Watts McCray Comments: 1
This week, Australia’s attention has been drawn to the plight of one Australian-Italian family, where a mother is fighting desperately to keep her four children in Australia after bringing them here on holidays more than two years ago. The children’s father, residing in Italy, has claimed that the girls, whom he shares custody of, were taken overseas against his will and has demanded their return. Earlier this month, the Family Court ordered the four girls, aged between nine to 14, to return to Italy for custody proceedings. The girls failed to board their court ordered flight back to Italy and [...]