3 Common Mistakes To Avoid Making In Family Court

Unless you are a studier of the law, or for some reason find yourself in courts on a regular basis, the idea of attending the Family Court can be a daunting one. Even your family lawyers at www.familylawassist.com.au, for whom the Family Court is very familiar surroundings will admit to getting a little nervous each time they are in court, given that the outcome can have a profound impact on families and especially their children.

Regardless of whether it is your first time in the Family Court or the umpteenth time, you should be aware that there are certain rules, standards, and modes of behaviour that must be followed and adhered to at all times. Whilst it mainly deals with matters relating to family law, doing something within the family court, which is considered illegal, can soon find you facing a criminal court instead.

What we are about to outline 3 of the main mistakes that people make when they appear in the family court. These will most certainly do damage to your case, or at best delay it further, and in some cases almost certainly see you being considered as having committing an offense and facing the appropriate consequences of doing so.

What Family Law Says About A Divorced Parent Travelling Abroad With Their Children

What Family Law Says About A Divorced Parent Travelling Abroad With Their Children

When couples with children divorce, normally most matters are settled amicably, and usually with the help of each parent’s family lawyer. However, a situation can arise which, to most people, would not normally seem like a problem, but for divorced parents with children, it can prove to be an issue.

Family Lawyers Perth told us one such scenario is when one of the parents wish to take their children overseas. Obviously, to do so, any child travelling to another country will need a passport, and this can often be the first hurdle if the other parent refuses to sanction the child being issued with a passport.

This is a result of joint parental responsibility, which is the usual default position following a divorce where the couple has any children. This means that each parent has the right to be informed of, and must agree to, a passport being issued. Even if they already have a passport, taking children out of the country is another situation where joint parental responsibility applies.

Now there can be many reasons a parent would refuse permission, with some of them legitimate and some them not so much. With the latter, it could be that the absent parent simply wants to make things difficult and is refusing permission out of spite.

In this scenario, the other parent could apply to the court to have joint parental responsibility order amended so that matters like passports and overseas travel were excluded. They would certainly have a strong case as the Family Court does not look favourably upon parents with joint parental responsibility being belligerent, especially if their actions are not in the best interests of their children.

Pleading Mental Illness As A Defence Against Committing A Crime

Pleading Mental Illness As A Defence Against Committing A Crime

In the current caseload of any criminal lawyer there will undoubtedly be those cases where the person accused of the crime was suffering from some form of mental illness.

According to Criminal Lawyers Perth, the degree of that mental illness will obviously vary from client to client, but in some of the extreme cases there is the possibility that the defendant might wish to enter a plea of ‘not guilty by reason of insanity’.

If this is the case, and it can be shown that the person’s mental state is so bad, then consideration might even be given by the court that they are not even fit to stand trial.

To arrive at this conclusion a court will have ordered detailed reports from psychologists and/or psychiatrists who will complete that report with regards to the person’s mental condition.

If it were the case that the person was deemed not fit to stand trial, it would be done so on the basis that it was thought the defendant would not be able to

1) Understand the consequences of actions they had done

2) Understand the nature of any punishment if found guilty

3) Understand the aim of any punishment

Accordingly, they would be deemed in no fit mental condition to follow the proceedings within which they were going to be tried, and thus the trial would be called off.

Four Things You Need to Know About Spousal Maintenance

Four Things You Need to Know About Spousal Maintenance

In Australia, both partners are very well protected by law in the event of a separation or divorce. If one partner doesn’t or is unable to work or has a significantly lower income, the court may rule that the other partner is responsible for paying spousal maintenance.

In general, this is designed to provide support for the person with the lower income. Spousal maintenance may be paid in a lump sum or at regular, pre-defined intervals, as required by the courts.

However, as family lawyers will tell you, spousal maintenance can be something that’s a little complicated and hard to understand. Because of this, we’ve put together the following list of the five most important things you have to know about spousal maintenance.

  1. The Court Will Consider Numerous Things

When making spousal maintenance adjudications, the courts will take a range of things into account. Most importantly is the income of the two people in question, along with their qualifications and ability to work. Other considerations include:

  • Children and whether either party is responsible for any dependents.
  • Any savings, superannuation or other assets either party has.
  • The health and age of both parties.
  • Child support and child support payments.

In addition, anything else considered relevant may be used by the courts when they make their decision.

What Rights Do I Have as an Employer in Australia?

What Rights Do I Have as an Employer in Australia?

Australian employment law is complex and provides a significant amount of protection for employers and employees alike. Every employee knows that they have rights – rights to a minimum pay rate, rights to holidays and sick leave and rights to a fair working environment, among other things – but did you know that numerous employer rights also exist?

In many cases, employer rights are overshadowed by employee rights and the potential for legal action if they accidentally break the law. In the rest of this article, we’ve covered Australian employer rights, what you can reasonably expect as an employer, and everything else you need to know.

In Australia, employers have the right to:

Hire and Dismiss Workers Within the Scope of the Law

While employees have a lot of rights in this area, it’s certainly possible for employers to hire and fire workers as required without the risk of legal action, as long as they do so within the scope of the law. This includes:

  • Not discriminating between employees or potential employees based on their race, gender, sexuality, or anything else.
  • Following any terms and conditions outlined within an employment contract, including paid parental leave, providing enough notice and/or paying all outstanding benefits when a contract is terminated which can be classed as unfair dismissal.
  • Providing an equal opportunity, equal pay work environment without a gender pay gap or other pay inequalities.
Is Superannuation Considered an Asset in a Separation?

Is Superannuation Considered an Asset in a Separation?

Going through a divorce or separation can be difficult, especially if it’s with a long-term partner. Employing the services of a skilled family lawyer can help make the process easier, but it’s worth thinking carefully about exactly what’s going to happen to your assets when you separate.

Some assets are easy to split. Things like jointly owned properties, family cars and joint bank accounts usually belong to both partners and will be split accordingly. However, things like superannuation are often overlooked.

In this article we’ll have a quick look at how your super will be split in the event of a separation. Does it belong to you, or should you be prepared to share it?

Will My Super Be Split When I Separate?

One of the most common questions that we get asked is whether or not someone is going to have to share their superannuation savings with their former partner in the event of a divorce or separation. There isn’t a simple answer – it really depends on your situation.

In some cases, super can be divided between two former partners, while in others it won’t be. There are four things that you can do or be forced to do, including:

What Should I Think About Before Buying A Business?

What Should I Think About Before Buying A Business?

From a legal point of view there are a lot of things to consider when you’re buying a new business. For starters, you need to make sure that the contract of sale is in order and that you’re getting everything that you’re expecting to get.

Similarly, you need to make sure that everything is as it appears on the surface so that you don’t run into problems when you take over the business. Experienced commercial lawyers will be able to help you with everything you need to know when you’re buying your first business and I’d definitely recommend speaking to one.

With this in mind, I’ve put together a short list of the legal considerations you should keep in mind before you buy any new business:

Make Sure Any Building Contracts Are Transferable

If you’re buying a physical business which runs from a specific location, you need to make sure that the premises are included in the sale. Speak with the vendor about this, inspect the sales documents, and consult your commercial lawyer, Commercial Lawyers Perth, to make sure that everything is above board.

On the other hand, if the premises are leased then you need to speak with the owner to make sure that they’re happy to transfer the lease into your name. Usually they will be, but it’s important to double check.

5 Things You Should Understand About The Australian Parole System

5 Things You Should Understand About The Australian Parole System

The Australian parole system is a godsend for many prisoners, because it helps them get out of jail sooner than they otherwise would have. However, it’s important for you to understand how the parole system works to make sure that maximise your chances of being approved when you apply for parole.

I’d recommend speaking with a criminal lawyer to help get your head around the details of the Australian parole system, especially if you’re in a position where you or someone close to you is applying for parole.

However, I’ve written this article to outline a few of the most important things that you should understand about the Australian parole system. These include:

  1. Know what parole is

Ultimately, a lot of people don’t understand what parole really is and might get into trouble. Essentially, it provides prisoners with the chance to integrate back into society once they are released from jail. For those who have spent a lot of time in prison, it gives them a chance to reform and rehabilitate themselves while under the watchful eye of prison and parole officers.

  1. Understand how the Parole Board operates

If you’re applying for parole then you will need to go through the Parole Board. Essentially, the Parole Board has two main functions:

  • To approve a prisoner for early release (parole) under certain conditions.
  • To return a prisoner to jail for breaching the conditions of their parole.
5 Things to Be Aware of When Signing a Franchise Agreement

5 Things to Be Aware of When Signing a Franchise Agreement

Entering into a franchise agreement can be very exciting, especially if you’re hoping to build a strong business that you can call your own. However, franchise agreements are also fraught with danger if you don’t understand them, which means that you should always speak to a commercial lawyer before signing anything.

If you don’t understand the fine-print of your agreement then you could run into trouble in the future. We’ve therefore put together a short list of the top 5 things to be aware of when signing a franchise agreement.

As always, this shouldn’t be taken as professional advice, but rather as information to guide you in the right direction.

  1. Be aware of any rules for operating

Different franchises have different operation rules that you will have to follow. Make sure that you’re familiar with any operating rules that your franchise has put into place, including things like operating hours, pay rates, software usage and the exact goods and services that you can sell.

  1. Understand termination policies

It’s extremely important to understand termination clauses from both parties’ points of view. I’d recommend speaking to your lawyer about this, as you don’t want to get it wrong.

If you don’t understand termination policies then you might find your contract terminated unexpectedly. On the other side of the equation, you might find that you can’t escape from your contract even when you want to.

How do Courts Make Child Custody Decisions?

How do Courts Make Child Custody Decisions?

If you’re going through a particularly difficult divorce then you might find it hard to agree on who should get custody of your children. Although it’s always in your best interest to come to a mutual agreement with your ex, this simply isn’t possible in some cases.

If this happens, then you will need to go to court to work out who will get custody of your kids post separation. This is a worst case scenario, and if it comes to this you should always employ a family lawyer to help make sure that you get the best outcome possible.

With this in mind, we’ve covered a few of the things that judges will look at when they’re making child custody decisions.

When will child custody cases go to court?

Usually we advise ex partners to try and discuss things in a friendly manner before attempting to take them to court. If this isn’t possible and one or both parents aren’t happy with the current arrangements, then they can apply to have their child custody case heard in front of a judge.

Before this can happen you and your lawyer from Family lawyers Perth, will need to gather an array of information and documents to help prove your case, otherwise you might not achieve the outcome that you want.