A party in a family law dispute may make an offer to another party to settle all or part of a case at any time before the Court makes an order disposing of the case. This may occur before, or in the absence of, formal court proceedings between the parties.

It’s generally accepted that parents are responsible for the care, protection and upbringing of a child. Matters to do with children and the family are usually dealt with under the Family Law Act 1975 (Cth), or alternatively, by the Family Court Act 1997 (WA). However, if a child has been charged with a criminal offence, is suffering from abuse, or is in need of care, the states and territories have the authority to act in respect to the maltreatment of a child.

Having children can change a person’s worldview. Formerly unimportant issues may all of a sudden take on a different complexion when you have kids of your own. There’s nothing quite like being responsible for another person to overhaul someone’s life. All of a sudden, matters such as schooling and kid friendly restaurants seem to take prominence.

It’s not unusual for parties who have separated to make their own private parenting arrangements in relation to their child. Private parenting arrangements are an attractive option because they are cost effective and relatively easy to produce. They may also be less emotionally intensive than dealing with the formal legal system.

The unique role played by an Independent Children’s Lawyer (“ICL”) (particularly when both parents are self-represented), and the ongoing developments in information sharing protocols between agencies, appear to have contributed to some confusion as to the obligations on ICLs to keep confidential information which they obtain in that role.

When the Court has made a parenting order, there are certain criteria the Court must consider before deciding to make any changes.

It is not unusual for family members to give money to their children or to enter into informal loans with them.  However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.

18 is the magic age where a person can decide their own arrangements. Where a child is younger than 18, their age is only one aspect for consideration.

Parenting orders are orders made by Courts that addresses with whom a child lives, communicates and spends time. Other terms used to describe this are ‘custody’ ‘contact’ and ‘access’ to children.

Separation is when one party tells the other that it is over. This can be done face to face or in writing. It does not have to be agreed.