Who stays? Sole Use and Occupation Order

When people separate, one party often agrees to leave the family home however, this is not always the case. In some circumstances an issue can arise as to who will remain in the family home pending a final resolution of property matters. One option available to parties in this situation is to apply ...

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Alternative Dispute Resolution- Collaboration

At Nicholes Family Lawyers we encourage our clients to make a genuine effort to resolve disputes with their former partner and avoid the need to go to Court. To help them resolve these disputes we recommend clients engage with a range of options, collectively referred to as methods of “Alternative...

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Teenager’s Views Not Always Decisive

In the recent High Court decision of Bondelmonte v Bondelmonte [2017] HCA 8 the issue of the weight to be given to children’s views as to their living arrangements was considered in circumstances where the father had removed the children to New York. The parents had separated in 2010 and at the ti...

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Unacceptable Risk to a Child

The issue of unacceptable risk to a child spending time with a parent was dealt with extensively in the case of Theophane & Hunt [2014] FamCA 1038. This case therefore provides a useful guide to the approach likely to be taken by the courts when such issues arise. The parties met in December 200...

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Post-separation contributions: Trask & Westlake

In the recent decision of Trask & Westlake, the Full Court of the Family Court considered the parties’ respective contributions where the husband had accrued significant assets following separation. The parties had four children and had taken up traditional breadwinner and homemaker roles. Fou...

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