All about subpoenas in Family Law
Separation is an emotional time for families, especially when there are children involved. The Family Law Act states that a child should have a meaningful relationship with both of their parents (save for if there is a risk of family violence, abuse or neglect). This means that after parties separate both parents need to promote a meaningful relationship between the child and the other parent.
There are a number of considerations used to determine if two people are living as a couple on a genuine domestic basis. For a full consideration of these issues, see our article “Separated from your de facto? Can you claim against their property?”
All cases related to children are required to be determined in accordance with what is considered to be in the “best interests” of the child: What is considered to be in their best interests will be determined by a number of factors, including the child’s wishes.
There are limited circumstances in which a court will allow changes to be made to final property consent orders. Final property consent orders are any orders that have been made by the Family Court or Federal Circuit Court in relation to your financial matters with the agreement of both parties. When final orders are made by a court, the court deems that such orders should be final and bring an end to any litigation.
As a family lawyer we see caveats being lodged over peoples’ properties after a separation on almost a daily basis. It appears to be the general practice to automatically lodge a caveat over the other spouse’s properties following a separation. It appears that this practice is done automatically without giving thought to whether or not it is appropriate to lodge a caveat in those circumstances.