Relocating Children in a Separated Family
Moving around the corner, interstate or overseas can be a big thing. From the excitement of a new home to organising the movers, there is a lot to think about for everyone. For some people there is the added complication of separated parents care arrangements for children. Pursuant to the Family Law 1975 the best interest of the child is the paramount consideration of the Court. But what does this mean in the context of relocation?
Family Law 101
At Camatta Lempens we understand that the breakdown of a relationship is often one of the most stressful events in a person’s life. A strong support network at this time, including a lawyer whom you trust, can make a world of difference. Camatta Lempens endeavours to assist you in negotiating a settlement with your former partner in the most efficient and amicable way possible.
All About Divorce
Divorce is the legal dissolution of a marriage that has been recognised in Australia. It has a finite legal meaning and relates only to the dissolution of a marriage and not the potential surrounding issues of property settlements and custody arrangements.
Historically the reason for Divorce could impact upon any ensuing property or custody settlement outcome, for example an adulterer may have been given a smaller piece of the matrimonial property pool. This is no longer the case. Changes to the Family Law Act in 1975 made 'no fault' Divorce possible and altered the law such that there is now only one ground for Divorce recognised by Australian courts, which is citing "irreconcilable differences".
Who gets the children over Christmas?
Christmas can be a difficult time for separated parents who are trying to make arrangements for contact with their children.
We commonly see that emotions are running high around this time for everyone: there is present shopping, celebration planning, Santa visits, family travel arrangements and more, so it is little wonder that for separated parents, particularly newly separated parents, they do not want or need the additional stress of negotiating the time and travel arrangements for spending time with their children.
How do you change your child's name if the other parent refuses, or is out of contact?
it is not uncommon for mothers to ask whether it is possible to alter their child's name to match their last name.
IMPLIED TERM OF MUTUAL TRUST AND CONFIDENCE
The majority of the Full Federal Court has upheld the finding that the Commonwealth Bank (CBA) has breached the implied term of mutual trust and confidence within an employment contract (Commonwealth Bank of Australia v Barker (2013) FCAFC 83).
FAMILY LAW: CHILDREN’s PROCEEDINGS
Alienation of a Child and separation of Siblings
The newly named Federal Circuit Court of Australia recently dealt with a highly complex family law matter in which a radical solution was imposed to protect the relationship of a child with his mother and brother in the case cited as Martel and Martel  FCCA 525.
Stephen Kenny is finalist in Human Rights Awards 2011 for second time.
In November 2011 Stephen was nominated by the Law Society of South Australia and the SA Bar Association for the 2011 Human Rights Award. The awards were distributed by the Australian Human Rights Commission.
Stephen was recognised for his Pro Bono work on behalf of disadvantaged people. It was Stephen's second nomination.