We often get asked to assist clients in obtaining a divorce… but do they actually mean a “divorce” or are they referring to a “property settlement” or even “parenting orders”? The terminology can be confusing! This article explores some of those terms in order to give you some direction in settling your affairs after separation.
In my experience practicing within the area, it is not uncommon for a party to a proceedings to “stick their foot in it”, so to speak, when it comes to the publication of information and details relating to a family law matter that should simply not be in the public eye – be it simply distasteful, or worse; prejudicial to a party or hampering the judicial process.
At some point in your life it’s likely you will know someone that is affected by cancer. One of the more unfortunate situations is if the ill person is a child.
In Australia, around 750 children between 0-14 are diagnosed with cancer each year. Almost half of them are between 0-4 years old. Leukemia is the most common cancer, with tumors following a close second. Simply put, two Australian families have their world turned upside-down with news of this debilitating sickness every single day.
There are many other factors that should be considered when determining an arrangement that is best for your children such as parental conflict, practicality, special needs of the child including medical needs and risk factors in either parent’s household. The family law Act 1975 provides that children have a right to a meaningful relationship with both parents absent any risk to that child with either parent. Any arrangements should consider that child’s individual needs, their safety, and welfare.
Recently, the Supreme Court of Queensland considered a landmark case concerning property, parenting and IVF. Particularly, the court was asked whether the Sperm of a deceased man’s partner could be harvested and secondly, whether that sperm could be classed as property capable of assignment to another person after death.