Lots of issues can come up in a divorce but once the hard work of negotiating an agreement is done, the next question should be ‘What needs to be documented?”
It is important to be aware of the options available when it comes to – whether? and if so, how? to document children’s arrangements, property settlement and maybe even, Child Support.
The ‘rule of thumb’ is that a ‘property settlement’ must be documented, however whether to document a ‘parenting arrangement’ should depend on the circumstances of the situation.
To help you find your way through, here are some of the options you should consider:
Property
It is important that when you settle property, a written agreement is made. This can be either in the form of a Financial Agreement or a Consent Order.
A Financial Agreement is not filed with the Court, so each party needs to get independent legal advice. These agreements are very difficult to set aside.
A Consent Order is a standard Court form and once completed and signed, it is filed with the Court.
If prepared and completed correctly, both types of documents are legally binding and have the added benefit of providing an exemption for stamp duty (i.e. nil) as well as CGT roll-over relief, for any transfers of property made pursuant to the documented agreement.
Children
Unlike property, deciding whether to document children’s arrangements should really be considered on a case-by-case basis as it depends on the specific situation and circumstances. If the parties can cooperate effectively and there are no disputes over when each parent should care for the children, then often an agreement is not needed to ‘lock in’ dates and times. If, however, arrangements encounter difficulties then an agreement can either be documented by way of a Parenting Plan or a Consent Order.
A Parenting Plan has no specific form and is not legally binding. It generally details the arrangements the parents wish to make, with signatures from both parents on the plan. A word of warning – while it is not legally binding, if a dispute arises and it is taken to Court, the Court can use the Plan as evidence of the parties’ intention.
The Application for Consent Order is a Court form and it is completed and signed in conjunction with the Consent Order, and they are then filed with the Court. Once ‘sealed’ by the Court, the order is legally binding, which means there can be consequences if it is contravened.
It is important to remember that although a Parenting Plan is not legally binding, if it is made after a Court Order, then where it conflicts, it will override it.
Child Support
Child Support is a form of financial support designed to help parents cover the costs of day-to-day care of their children. The Department of Human Services (formerly the Child Support Agency (CSA)) is responsible for overseeing Child Support payments.
When a parent applies to the CSA, a mathematical formula is applied to determine how much Child Support should be paid. A Child Support assessment takes into account the number of children involved, the age of the children, the income of each of the parents, and the level of care each parent provides for the children. If parents agree, they can opt out of the CSA assessment and/or collection process and document their own agreement.
The Child Support Agency only provides two types of agreements, a Limited or Binding Agreement, each of which have different conditions. The Limited Agreement can only be entered into if there is already an Agency assessment in place and the Child Support amount being paid is equal to, or more than, the assessment – it also only lasts for 3 years.
A Binding Agreement can be entered into if there is no assessment but both parties must seek independent legal advice before entering into the agreement.
If either agreement is completed it should then be registered with the CSA.
Need Assistance?
Documenting an agreement for any family law issue is a significant step, as they all carry serious consequences. Regardless of how amicable arrangements may be, it is strongly recommended that you get Specialist Family Law advice before entering into any documented agreement.
To get specialised advice with one of our experienced family lawyers, contact us today. We offer a fixed fee, no obligation initial appointment. To arrange, phone (07) 3221 4300 or email [email protected] or fill in our online form.

The post Do you need to document a divorce agreement? appeared first on Michael Lynch Family Lawyers.

The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown.
A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship.
Such a Trust is set up to provide support for a child (or children) where there is an obligation to provide support for the child and income that is distributed to the child (or physically to the Resident parent) is taken to satisfy that obligation.
Such a Trust allows Child Support payments to be made in a tax-effective manner.
The general tax-free threshold for children is very low, after which every additional non-employment income dollar (such as Trust distributions) is taxed at the top marginal rate of tax.
A Child Maintenance Trust which complies with Section 102AG of the Tax Act provides for “excepted trust income” to the minor which will only attract the normal adult tax rates, including the larger tax-free threshold as well as lower marginal tax rates. By way of example, for a maintenance paying parent who is on the top marginal tax rate to effect a Child Support payment of $15,000.00 per year without a Child Maintenance Trust would require approximately $29,000.00 (gross) per year, whereas with a Child Maintenance Trust would require approximately $17,000.00 (gross) per year, an annual saving of approximately $12,000.00.
Other benefits of such a Trust include:

segregating cash or assets into a Trust separate from the parents, to provide ongoing support for the children;
Trust assets are protected from external creditors;
Income Tax saved by the Trust can accumulate within the Trust until the child reaches “vesting age”;
The funds settled on the Trust can be borrowed, provided the capital is ultimately repaid and will benefit the children;
The establishment of such a Trust requires the consent of both parents. It is most advantageous if the contributing parent is receiving a taxable income of at least $80,000.00 per year and has significant other assets;
Where the children have a number of years of support prior to reaching 18 years;
Where the parents are comfortable leaving some assets to the children at the vesting date;
The initial property settled has a value of at least $200,000.00, ideally more.

The Tax Office requires that the income must derive from the investment of property transferred beneficially to the child, i.e. the child will acquire it when the Trust ends. Accordingly, the parents who initially contributed the asset to the Trust cannot allow the asset to come back to them at a later date.
Child Support Trusts are not for everyone, but when used correctly can have significant financial benefits. Consideration of such a Trust requires careful financial, taxation and legal advice.
Need advice?
If you would like to discuss your personal circumstances with an experienced family lawyer, phone (07) 3221 4300 or email [email protected] or alternatively fill in our online form here to arrange a fixed fee no obligation appointment.

The post Child Maintenance Trusts appeared first on Michael Lynch Family Lawyers.

The Australian Tax legislation provides that a Child Support Trust can be established following a family breakdown.
A family breakdown is defined as including legal obligations arising not only from the breakdown of live-in relationships but also where parentage has occurred outside of such a relationship.
Such a Trust is set up to provide support for a child (or children) where there is an obligation to provide support for the child and income that is distributed to the child (or physically to the Resident parent) is taken to satisfy that obligation.
Such a Trust allows Child Support payments to be made in a tax-effective manner.
The general tax-free threshold for children is very low, after which every additional non-employment income dollar (such as Trust distributions) is taxed at the top marginal rate of tax.
A Child Maintenance Trust which complies with Section 102AG of the Tax Act provides for “excepted trust income” to the minor which will only attract the normal adult tax rates, including the larger tax-free threshold as well as lower marginal tax rates. By way of example, for a maintenance paying parent who is on the top marginal tax rate to effect a Child Support payment of $15,000.00 per year without a Child Maintenance Trust would require approximately $29,000.00 (gross) per year, whereas with a Child Maintenance Trust would require approximately $17,000.00 (gross) per year, an annual saving of approximately $12,000.00.
Other benefits of such a Trust include:

segregating cash or assets into a Trust separate from the parents, to provide ongoing support for the children;
Trust assets are protected from external creditors;
Income Tax saved by the Trust can accumulate within the Trust until the child reaches “vesting age”;
The funds settled on the Trust can be borrowed, provided the capital is ultimately repaid and will benefit the children;
The establishment of such a Trust requires the consent of both parents. It is most advantageous if the contributing parent is receiving a taxable income of at least $80,000.00 per year and has significant other assets;
Where the children have a number of years of support prior to reaching 18 years;
Where the parents are comfortable leaving some assets to the children at the vesting date;
The initial property settled has a value of at least $200,000.00, ideally more.

The Tax Office requires that the income must derive from the investment of property transferred beneficially to the child, i.e. the child will acquire it when the Trust ends. Accordingly, the parents who initially contributed the asset to the Trust cannot allow the asset to come back to them at a later date.
Child Support Trusts are not for everyone, but when used correctly can have significant financial benefits. Consideration of such a Trust requires careful financial, taxation and legal advice.
Need advice?
If you would like to discuss your personal circumstances with an experienced family lawyer, phone (07) 3221 4300 or email [email protected] or alternatively fill in our online form here to arrange a fixed fee no obligation appointment.

The post Child Maintenance Trusts appeared first on Michael Lynch Family Lawyers.

Dealing with divorced parents and their children can be tricky, especially when there aren’t any court orders in place. Find out what you need to know as a Guidance Officer, Principal or Teacher when it comes to dealing with your students, parents and family law, from this webinar for counsellors. Presented by Susan Miranda, an experienced Family Law professional and presenter. Susan has an extensive knowledge in all areas of Family Law, with particular interest in complex matters.
To register, please follow this link: https://attendee.gotowebinar.com/register/2588910483974995212

The post Schools Webinar – Family Law – Implications for School appeared first on Michael Lynch Family Lawyers.

Domestic Violence Help
It is hard not to be affected by the tragic events that have occurred recently in Brisbane resulting in the deaths of a mother and her children at the hands of her former partner.  Here is some valuable information to assist anyone in such a situation.
The statistics on domestic violence are staggering. On average one woman a week is murdered by her current or former partner[1].
If you are a victim of domestic violence or know someone who is, please consider the following:

Domestic violence is not ok. You have the right to live a life free from violence. No one deserves to be abused and there is never an excuse for violence.

Domestic violence is not just physical abuse. Domestic violence also includes financial abuse, psychological/emotional abuse, verbal abuse, spiritual/cultural abuse, damage to property, sexual abuse, social abuse by controlling you, stalking and technological/digital abuse. Consider the WESNET Safety Net Australia Project safety check https://techsafety.org.au/resources/resources-women/ to learn how to increase your technology safety and privacy.

Obtain a Protection Order. You can obtain a Protection Order to help stop the violence.  In Queensland you can download an Application for a Protection Order from the Queensland Courts’ website and the link is https://www.courts.qld.gov.au/going-to-court/domestic-violence  The Application can be filed in any Queensland Magistrates Court.

Contact the Police. Call Triple Zero (000) if you are in urgent need of assistance from domestic violence.

Get safe accommodation and counselling. DVConnect provide many support services including crisis counselling http://www.dvconnect.org/. The DVConnect Womensline can also help women and children find crisis accommodation.  Their weblink is http://www.dvconnect.org/womensline/ and you can call them 24 hours a day 7 days a week on 1800 811 811.  There is also a DVConnect Mensline and their link is http://www.dvconnect.org/mensline/ and they can be contacted on 1800 600 636 between 9am and midnight 7 days a week.

Obtain legal advice. You can obtain private legal advice from a family or criminal lawyer or obtain free advice from a Community Legal Centre such as Women’s Legal Service (“WLS”) Queensland https://wlsq.org.au/ Ph 1800 957 957 or Caxton Legal Centre https://caxton.org.au/ Ph is 3214 6333.  To find other Community Legal Centres near you please see this link https://communitylegalqld.org.au/find-legal-help/find-centre for Community Legal Centres Queensland. You may also be eligible for Legal Aid who may be able to assist you http://www.legalaid.qld.gov.au/Home

Get help. Consider contacting the following for support:

a. 1800RESPECT – PH: 1800 737 732 – 24 hour national sexual assault, family and domestic violence counselling line for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault. Website https://www.1800respect.org.au/
b. Lifeline PH 13 11 14 – Anyone across Australia experiencing a personal crisis or thinking about suicide. Website https://www.lifeline.org.au/
c. Aboriginal Family Domestic Violence Hotline PH: 1800 019 123 – Victims Services has a dedicated contact line for Aboriginal victims of crime who would like information on victims’ rights, how to access counselling and financial assistance.
d. Brisbane Domestic Violence Service PH 3217 2544 – a free and confidential service for people in the Brisbane Metropolitan area who are affected by domestic and family violence. The service supports women, children, family members, same sex couples and others. Website https://www.bdvs.org.au/
e. Beyond Blue PH 1300 22 4636 – provides information and support to help everyone in Australia achieve their best possible mental health, whatever their age and wherever they live. Website https://www.beyondblue.org.au/
Many of our solicitors at Michael Lynch Family Lawyers also volunteer at Community Legal Centres such as Women’s Legal Service and Caxton Legal Centre and provide free legal advice in respect of family law matters including domestic violence.
Family law matters need to be addressed carefully and professionally. To speak with one of our experienced family lawyers, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you in person, over the phone or by Skype.
[1] Bryant W & Bricknell S 2017. Homicide in Australia 2012–13 to 2013–14: National Homicide Monitoring Program report. Statistical Reports no. 2. Canberra: Australian Institute of Criminology. https://aic.gov.au/publications/sr/sr002

The post Domestic Violence Help appeared first on Michael Lynch Family Lawyers.

Typically, when we hear of relocation matters it involves one parent proposing to relocate the residence of the child interstate or overseas but relocation matters also arise where one parent may wish to relocate a child’s residence within the same city or outskirts of a city.
The Full Court of the Family Court recently considered such a proposal where the mother proposed to relocate the couple’s 6-year-old son’s residence from a suburb in Melbourne to a town just outside of Melbourne.  The father lived in a suburb on the other side of Melbourne and the prior to the mother mobbing driving distance between the mother’s and father’s residence in Melbourne was 30 to 40 minutes.  The mother’s proposal to change the residence of the child would mean that this driving distance would increase to some 80 to 130 minutes.
Both parties agreed that it was in the ‘best interests’ of the child for the child to continue to live with the mother. The father wanted the mother to maintain the child’s current residence in Melbourne.
The mother obtained a Court Order at Trial in the Family Court that she be allowed to relocate the child’s residence to the town outside Melbourne. The father appealed this decision on a number of grounds, primarily, on specific findings that the trial judge had made and how they affected the judge’s exercise of discretion.
On appeal the Full Court of the Family Court found that the father had not been able to establish any error on behalf of the trial judge and the appeal was dismissed with the father having to pay costs to the mother.
What is important from this decision is that every case will turn on its facts and the judge has the discretion to make an order for relocation after consideration of all the facts and each parties’ competing proposals
Ultimately the trial judge considered all of the proposals and concentrated on the effect of those proposals on the welfare of the child.
If you are proposing to relocate it is best to get legal advice first, before taking any steps to relocate. The paramount consideration for the Court is the ‘best interests’ of the child when considering a relocation case. You should obtain legal advice prior to relocating a child’s residence.
Each matter is unique and needs to be addressed according to your personal circumstances and needs. To speak with one of our experienced family lawyers, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist in person, over the phone or by Skype.

The post Relocation to outskirts of city appeared first on Michael Lynch Family Lawyers.

Why see a family lawyer?
You’ve separated or you’re thinking of separating. You’re in a difficult situation – it’s foreign to you – and it’s stressful to you. You need guidance and support you can rely on. What you’re feeling is normal and it is this assistance and support that we provide to people just like you, everyday.
What do Family Lawyers Do?
We meet with you, listen to your situation and concerns, ask you questions so that we fully understand where you are at, and advise you how the law applies to your situation and what your Family Law options are.
How do I make contact?
Phone us on (07) 3221 4300
Email us [email protected]
Or send an appointment request via our website.
Initial appointment – what will it cost me?
We have a fixed cost initial appointment. The fixed cost is only $385 (including GST) to speak with a Solicitor or an Associate, or $440 (including GST) to speak with an Accredited Family Law Specialist (read here for more information on what an accredited Family Law Specialist is). This appointment usually takes about 1,5 hours. There is no other cost and once you have spoken with us. If you are feeling comfortable about your situation and what to do next, there is no obligation to see us again. That’s common and that’s fine.
What to bring to the first appointment?
It is almost always better that you come and see us sooner rather than later. Documents are nice to have, but usually not essential for an initial appointment. Most, if not all information we need, you will know. For more information see “What to bring to your first meeting with a Family Lawyer”.
From the Initial Appointment – how can a Family Lawyer help me?
Initial Appointment
– We provide you with a picture of where you stand, what your options are and what the likely costs will be for you to move forward. We will also provide you with some strategies on how to navigate that.
Negotiate
– We confidentially formulate a plan with you to move forward. This may involve identifying the essential information and documentation that is needed or, if these is already adequate information available, considering to try and resolve issues.
Mediation
–We will consider the merits of mediation as it applies to you. There are various types and styles of mediation, there I no ‘one size fits all’. Our aim is to develop a plan for you, that will minimise your time, cost and stress.
Agreement
– Our approach is always to focus on trying to achieve a sensible and practical agreement, in as cost-effective manner as possible, and to document that in the most appropriate way for your situation.
Advocating for you
– Sometimes it is necessary to make a court application, we’ll advise you if and when such a situation might be and what your options are regarding that. Considering this option is part of your overall strategic planning that we will discuss carefully with you every step of the way.
How can a Family Lawyer help me?
Besides what we have already mentioned, our focus is to make sure you have no surprises.
Our commitment to you is that;

you understand what is happening and why,
you have no surprises,
you are following a plan. Your plan, not someone else’s. A plan developed in consultation with you.

If you believe you would like Family Law advice, please contact Michael Lynch Family Lawyers on (07) 3221 4300 or by filling out our online form here, and we will be able to assist you.

The post Why see a Family Lawyer? appeared first on Michael Lynch Family Lawyers.

A change in court process may sound dry, but this is important if you have separated and your net property pool is under $500k, this affects you.
Courts dealing with family law matters have been under significant government and media scrutiny in recent years, partly due to the large backlog of cases and the resulting delays and increased legal costs for litigants. From 1 March 2020, the Federal Circuit Court is therefore implementing a new strategy for dealing with smaller property cases (those with net property pools less than $500,000 including superannuation) in several of its registries, including Brisbane.
It is important to note that the law on ‘How’ a property division is determined is not changing, it is the court ‘process’ that is changing.
From 1 March 2020 these cases will be referred to as “Priority Property Pools under $500,000 Cases” or ‘PPP500 Cases’ and will be subject to simplified procedures, different forms and more intensive case management from the court.
In introducing this new change, the government has referred to research from the AIFS (Australian Institute of Family Studies) showing that approximately 57% of court applicaions for property settlement were for less than $500k and on average the time in court to finalise an applications, was 15 months.
The procedure will not apply to cases involving entities such as companies, trusts or self-managed superannuation funds or cases which also involve parenting or child support issues.
The court has stated that the purpose of the PPP500 procedures is to achieve a just, efficient and timely resolution of PPP500 cases, at a cost to the parties that is reasonable and proportionate in the circumstances of the case.
The purpose will be achieved by identifying and narrowing the issues in dispute and assisting the parties to undertake Alternative Dispute Resolution (ADR) at the earliest opportunity and, where ADR is unsuccessful, providing an opportunity for a less adversarial trial or a hearing on the papers.
The most significant changes in the PPP500 procedures are:

New Forms: If your case is PPP500, then apart from filing an Initiating Application with the court, you will also need to file a PPP500 ‘Financial Summary’ form. The PPP500 ‘Financial Summary’ form will be filed instead of an Affidavit and Financial Statement. The PPP500 Financial Summary form requires less information and is more directive and therefore should be easier for litigants to complete themselves or require less time (and cost) for their lawyer to complete.

New Procedures Before the First Court Date: Before the first court date, a Registrar will review the application and issue directions as they se as appropriate or necessary in that case, which the parties will be expected to comply with before the first court date. This is unlike a normal property application where no directions will issue until the first court date. These directions will include things like requiring the parties to exchange financial disclosure documents, requiring the parties to appoint a valuer if they cannot reach agreement about values, and discussing an appropriate process for ADR.

The First Court Date: The Registrar will expect the parties to have complied with the directions order and will want to settle the ‘Balance Sheet’ (of assets and liabilities) at the first court date. If the matter hasn’t settled by this point the Registrar will make directions for the parties to attend ADR, being either a Conciliation Conference, Legal Aid Conference or private mediation. The State Legal Aid office have been given additional funding to enable them to facilitate conferences in appropriate PPP500 cases.

The Second Court Date: If the matter doesn’t resolve at ADR then the Registrar will review the ‘Balance Sheet’ and prepare a set of agreed facts so the case can be transferred to the judge for judicial management.

Judge-led Phase: The matter will come before the judge for a procedural hearing. The judge will finalise the ‘Balance Sheet’ and identify the issues in dispute. The judge will make directions for a final hearing, including the filing of Affidavits and a Financial Statement. The judge may hear a trial in the traditional process or make directions to hear a trial on the papers or by way of a less adversarial trial (where the rules of evidence do not apply).

Summary
It is important to remember that the majority of property settlement cases are resolved through negotiation and agreement and do not go to court. This new court process is only for those property cases where agreement can’t be reached and an Application to the court is filed.
Need advice?
For a fixed-cost no-obligation initial consultation contact Michael Lynch Family Lawyers by calling (07) 3221 4300 or emailing to [email protected].

The post New court process for property pools under $500,000 appeared first on Michael Lynch Family Lawyers.

How will our Property be Divided?
The Family Law Act sets out how property is divided, for married couples and for defacto couples (who separated after 1 March 2009).
What is a DeFacto Relationship
A defacto relationship (includes same gender couples) is defined as “the relationship of a couple living together on a genuine domestic basis”.  Whether such a relationship in fact exists requires careful consideration in each case.  A defacto spouse is able to pursue a property settlement where one of the following conditions exists:

You have lived in a defacto relationship for at least 2 years; or
You have a child from the relationship; or
It would be unjust not to recognise a defacto spouse’s financial or non-financial contribution.

Defacto couples who separated before 1 March 2009 (under Queensland Law) are unable to pursue Spouse Maintenance and unable to include Superannuation as part of the property for division.
Determining a Property Division
The court has the right to determine how property is divided when a marriage or defacto relationship has broken up.
The court takes the following steps to work out how property will be divided:

The court takes an inventory of all assets and liabilities that existed at the time of separation;
A current value is put on the assets;
The court must also work out the financial and non-financial contributions both parties made during the relationship

When deciding how the assets will be divided the court considers each parties;

future needs;
future obligations;
financial situation; and
the cost of caring for any children from the relationship.

Time Limits
A married couple can make a property settlement at any time after separation but if an Application for property settlement to the court is to be made that must be filed within 12 months of a Final Divorce Order.
If an Application to the court for property settlement in a defacto relationship is to be made that must be filed in court within 2 years after the date the relationship ended.
What Happens to Superannuation?
In property settlements under the Family Law Act, superannuation is defined as ‘property’.
The law regarding superannuation was changed in 2002. It provides detailed formulas for calculating the value of superannuation in property settlements.
These formulas need specialist advice. Ask your solicitor for help in these situations.
Superannuation funds can be split between spouses and rolled over as part of a property settlement.  It is not compulsory to split superannuation. For a fixed cost no obligation initial appointment to discuss your specific situation, call us on (07) 3221 4300.

The post The ‘How-to’ of DeFacto Property Settlements appeared first on Michael Lynch Family Lawyers.

You may wonder why the court in parenting matters does not accept evidence directly from children involved in the dispute. To most parents it would be clear that it would be too damaging to a child to be involved in their parent’s dispute to that degree.
However, in a recent parenting matter, one of the parents had no such reservations.
Facts: 

The father had the 15-year-old child swear an affidavit.
He sought to rely on that affidavit in his parenting matter in court.
The father sought an order that the child live with him and not be returned to the care of his mother.
The father made allegations of child abuse against the mother.

Court Order:

The court found that the father had breached the Family Law Act, where it states that a child must not swear an affidavit in proceedings or be called as a witness in proceedings without a court order.
The court stated its concern that the father was trying to rely on the child’s affidavit.
The court ordered that the Affidavit of the child would not be read or accepted in the hearing.

Need advice?
For a fixed-cost no-obligation initial consultation contact Michael Lynch Family Lawyers by calling (07) 3221 4300 or emailing to [email protected].

The post Children don’t do affidavits appeared first on Michael Lynch Family Lawyers.

We are delighted to announce that our Managing Director, Michael Lynch has been recognised as one of Australia’s leading Family Lawyers in the independent peer reviewed ‘Best Lawyers report 2020′. This is Michael’s third consecutive  ‘Best Lawyer” award.
Overall, the award was recently published in the Australian Financial Review and reflects Michael’s experience and expertise in Family Law.  Michael has over 27 years’ experience in Family Law and is respected as one of Queensland’s leading Family Law Specialists.
As a result, the prestigious list, ‘Best Lawyers’ is one of the most well-known and respected peer reviewed publications in the legal profession and is compiled from extensive peer review surveys. Congratulations Michael!

The post Congratulations Michael!  appeared first on Michael Lynch Family Lawyers.

The Family Court recently considered a situation where the mother had chosen not to spend any physical time with her children aged 8 and 6 years, for over 3 years. The mother had been having regular Skype calls with the children, and the family report writer gave evidence that the children had a strong relationship with the mother.
The proceedings initially came to the attention of the court in 2014, when the father filed an application after the mother removed the children to another town without the father’s consent.
During the initial court proceedings, the mother alleged the father had attempted to poison her and had assaulted one of the children, although there was no evidence to support the allegations. The maternal grandmother supported the mother’s views.
A psychiatrist was engaged to complete an assessment of the mother and the father in 2014. The assessment of the mother was that the mother was showing overtly psychotic behaviour, paranoia, delusions and the children were at risk in the mother’s care.
Following the assessment, the court made orders for the children to live with the father, and for the children to have supervised time with the mother. During a planned supervised visit in late 2015, the mother and maternal grandmother removed the children, despite orders to the contrary.
Between late 2015 and the matter proceeding to trial in August 2019, the mother had maintained skype contact with the children but did not have any physical visits in that period.
At hearing, the court considered the mother’s behaviour in maintaining the phone contact with the children, the fact she had been able to develop a strong relationship despite the lack of contact and the children’s desire to progress their relationship with the mother.
The mother had also sought ongoing psychological treatment, and the evidence from her psychologist was that she was managing her anxiety and was free of delusional symptoms.
In those circumstances, the court made orders for the children to live with the father and spend a period of supervised time with the mother, following which the mother’s time would gradually increase to unsupervised, until the children were spending time with the mother for 6 nights each fortnight.
Given the history of the relationship between the parents, the court gave the father sole parental responsibility for making long term decisions for the children, after consultation with the mother.
Each matter is unique and needs to be addressed according to your personal circumstances and needs. To speak with one of our experienced family lawyers, please contact our Brisbane office today.

The post Mother has no physical contact for 3 years – then what? appeared first on Michael Lynch Family Lawyers.

At the start of a relationship you might own property, whatever it may be – house, car, shares, inheritance. If a separation and property division should happen, would that initial property be left out? What if that asset has dramatically increased in value?
What property is in?
The short answer is that, in the Family Law Act, “property” has a very wide definition so essentially “all” property is included. There would need to be very unique reasons why any asset was treated differently.
Agreement to leave asset out:
The only way an asset can (definitely) be left out is if it is included in a Financial Agreement (like a pre-nuptial agreement).
Determining a property settlement:
At the time a relationship breaks down and in the absence of a Binding Financial Agreement setting out the parties’ respective property settlement entitlements, the parties’ entitlements are determined in accordance with the provisions of the Family Law Act. Part of the exercise in determining property settlement entitlements includes a consideration of financial contributions made to the acquisition, conservation or improvement of property.
RECENT CASE:
Recently, the court considered a wife’s appeal case.  The husband had made a contribution of property at the commencement of the relationship in 1988 having an imprecise but modest value of about $105,000. The parties purchased the other half of the parcel of land in 1999. The property was subsequently “rezoned” and at the time of trial, had a value of $10,350,000. The husband contended for a significant adjustment in his favour on the basis of his contribution. At trial, the Judge ordered that the husband receive a significant adjustment on the basis of this contribution, however on appeal those orders were set aside.
The court accepted the submission made on behalf of the wife that the Judge erred in seeking a connection between contributions and a particular item of property when assessing contributions holistically over a long marriage and when considering the assets of the parties on a global basis.
In considering the Appeal, the court reiterated its position regarding the correct method for the assessment of contributions which included the following principles:

Where the asset pool consists of property that has risen significantly in value as a result of market forces, it is appropriate to give recognition to its value as at the time of hearing or the time it was realised… but in doing so, it is equally important to give recognition to the myriad of other contributions that each party makes during the course of the relationship. In this regard, the court stated that the trial judge had overstated the importance of the increase in value of a piece of property at the expense of the many other contributions made during the course of the relationship.

The “justice and equity” of a case may derive from the fact a property was retained, while market value increased, because of “joint efforts of wage earning, homemaking and parenting, and mutual support”. Therefore, an increase in capital value may well result, from these “joint efforts”.

A rapidly accelerated value of property due to rezoning was a mere windfall to which neither party had a greater or lesser claim.

In the case of a lottery win, the court noted that who purchased the winning ticket does not determine the issue. Where the marriage is predicated upon the basis of each contributing their income towards the joint partnership constituted by marriage, the purchase of the ticket is regarded as a purchase from joint funds.

No category of contributions needs to be quarantined and applied solely to particular assets.

The court is required to look at the totality of what the parties have contributed in a financial and non-financial sense, including contributions to the welfare of the family and to the acquisition, conservation and improvement of assets.
A reflection on these principles highlights the uniqueness of each case and the importance of receiving individualised advice in respect of property settlement.
For specialist property settlement advice from a family law solicitor, contact Michael Lynch Family Lawyers by phoning (07) 3221 4300. We offer fixed-cost no-obligation initial appointments with our family lawyers that will help you understand the options available to you. We can meet with you in person at our Brisbane City office or discuss your situation with you over the phone or by SKYPE.

The post Can property be left out of a property settlement? appeared first on Michael Lynch Family Lawyers.

It’s a new year of school but some things have changed, maybe living arrangements have changed or your child has asked for a change of school, whatever it is – the topic is now ‘changing school’. So, who decides?
Issues regarding school enrolment and getting children ready for school can often ignite disagreement and disputes between parents who are separated or divorced. Where the channels of communication have broken down, it is commonly the case that schools are called on by parents to be the facilitator or arbiter of their dispute. You should be aware, however that it is not the school’s responsibility to act as a facilitator in disputes. This is irrespective of whether there are family court orders in place.
Parental Responsibility
What some parents do not realise (or accept) is that decisions regarding a child’s current and future education, religion and changing their child’s name are all “major long-term” decisions, which ordinarily need to be made jointly by both parents.
The Family Law Act provides a “presumption” that both parents have “shared parental responsibility”. This includes jointly making decisions about “major long-term issues”.  When the court makes a parenting order, the “starting point” is that both parents have equal “shared parental responsibility”. This is not to be confused with the determination that the court must then make in regards to whether the time that the child spends with each parent should be, “equal time” or “significant and substantial time”.
The “shared parental responsibility” presumption will exist unless the court is satisfied that it should not. Or unless a statutory “exception” exists, i.e. one of the parents is found to have abused the child, or has been the perpetrator of family violence. If the exception applies, then the court will usually make an order granting sole parental responsibility over “major long-term issues” to the other parent.
Enrolment
Decisions to remove a child from and/or enrol a child in a school based on serious behavioural problems (e.g. suspensions and expulsions), and academic achievement are all examples of “major long-term issues”, relating to a child’s education which should be considered jointly by both parents (assuming there is no court order for sole parental responsibility).
If you sign an enrolment contract at a school unilaterally, without the other parent’s involvement or consent, and the matter later comes before the court, your action in doing so may seriously affect your credibility in the court’s eyes. The court considers such action demonstrates a lack of willingness and ability to involve the other parent in the child’s upbringing and facilitate the relationship between the child and the other parent.
In addition, you should be aware that if only one parent signs the enrolment application, the school’s contractual relationship is only with that parent. This means the school will generally be unable to look to the other parent for payment of the tuition fees (irrespective of any oral/informal agreement between the parents about fees).
On the other hand, if you are the parent who is refusing to agree for a child to attend a particular school, it is also important to note that a school is not precluded from accepting the enrolment of the child simply because only one parent signed the application. It is not a matter for schools to ensure that parents comply with their obligations of parental responsibility under Family Law.
Access to School Information
It is important to be aware that, generally speaking the “primary carer” parent will receive information from the school such as student reports, student photographs and other documents regarding the child. If communication between separated parents has deteriorated, commonly such information is not passed onto the “non-resident” parent.
In such cases, it is appropriate for parents to request that the child’s school provides to the “non-resident” parent a copy of the child’s report cards, newsletters or any other written report in respect of the child. By ensuring that the school itself is the conduit of information, you are likely to avoid future conflict between parents who have not passed on or relayed information appropriately. Be aware that the school may render an administrative charge for duplicating information, which should ordinarily be shared, failing which the school is likely to request that it be paid by the “contact” parent requiring the duplicates.
However, if there is a specific order for one parent to have sole parental responsibility, the school is not obligated to, and will not, provide the other parent with access to school information in respect of the child unless they have a written authority from the parent who has sole parental responsibility.
Changing a Child’s Name
It is also very important to be aware that changing a child’s name is a ‘major long-term issue’ which needs to be made jointly by both parents.
If you change your child’s name unilaterally, for example when you enrol a child at a school, without the other parent’s consent, and the other parent brings the matter before the court, your unilateral decision will also seriously affect your credibility in the court’s eyes.
Be aware that the court does not make orders changing a child’s name lightly and will only do so after consideration of a number of factors which are designed to determine the best interests of a child.
Conclusion
It is important to try and discuss the above issues with the other parent well in advance of the school year commencing so that, if agreement is not reached, you have sufficient time to seek independent legal advice from a specialist Family Law solicitor regarding what steps you should take moving forward.
Always remember it is not the school’s responsibility to try be a facilitator in a dispute, interpret or decipher Family Court orders, or to act as a policeman and judge when parents disagree about matters pertaining to their child’s education.
Family Law matters can be quite sensitive, especially when children are involved.  To be clear about your options and achieve the best outcome possible, please seek independent legal advice. We offer a fixed-fee initial consultation, click here to book. Please phone Michael Lynch Family Lawyers today on (07) 3221 4300 to arrange.

The post Which school – who decides? appeared first on Michael Lynch Family Lawyers.

Property settlement can be a challenging process, which can involve arguments between the parties over contributions, valuations and also whether real estate and businesses should be sold or transferred into one party’s name. Once assets have been divided between the parties, the issue can arise as to whether transaction costs in selling the investment properties or businesses should be considered in the property settlement – does the court make adjustments for these expenses?
These hidden expenses can include the Capital Gains Tax (CGT) cost that would fall on the party selling an asset, such as, an investment property or a business. How can this adjustment be included?
What Does the Court Consider?
The court has recognised that in order to make an allowance for CGT, this will depend on the circumstances of each individual case.
In the most pivotal case on the topic, the court noted that there was wide-spread confusion as to the approach that should be taken. Accordingly, the court set out some general principles that the court will consider, i.e.

The circumstances of the case are taken into account in determining whether CGT should be taken into account in valuing a particular asset. These circumstances will include the method of valuation, the evidence of the parties’ intentions for the asset, the likelihood of the asset being realised in the future.
Allowance should be made for CGT, if the court orders the sale of the asset, or is satisfied that a sale would probably occur in the near future, or if it was acquired as an investment.
If none of these circumstances apply and an adjustment for CGT cannot be made, but the court is satisfied that there is a significant risk that the assets will have to be sold in the short term, the court may take the risk into account and give weight to it.

In the case in question, the court determined that, whether adjustments are made for these transaction costs will come down to the evidence provided by the party seeking the adjustment. In that case, the husband appealed the trial judge’s decision, on the grounds that the trial judge failed to consider the CGT costs that would arise as a result of the order.
The Facts:

The husband, 44 and wife, 34 were married for 8 years.
The husband had purchased a real estate agency business and also purchased business premises for a company both partners created.
The property pool consisted of assets worth $1.5 million.
The husband wanted to sell the business and become employed at a lower income. The trial judge stated that it was appropriate to take into account his capacity to continue the running of the business. He noted that, since there was no satisfactory evidence as to whether the business would be sold and he did not propose an order to sell the business, it was not appropriate to make adjustments for future CGT.
The husband retained the former matrimonial home, however, he argued that with having liabilities against the home, he was obliged to sell assets in his name to meet his obligation, which would attract CGT.
The husband held 3 assets, some or all of which needed to be sold to provide funds to pay out the liabilities on the matrimonial home.
These assets included the real estate where the business was conducted, the “rent roll” of the business, which involved the management of rental properties assigned to the business and the balance of the real estate business.
The husband’s expert calculated the CGT on the sale of the entire business to be $52,879. The wife produced a different calculation of $73,901. The wife argued that no allowance should be made for the CGT, but noted that the order might include that if CGT is incurred within 6 months of the judgment and this is used towards the matrimonial home, then an appropriate adjustment should be made to the husband.
The husband argued that the trial judge should have ordered the sale of all assets or treated the sale as inevitable and thereby made allowance for the CGT payable.

Appeal Found:

The trial judge was not mistaken in declining to make an allowance for the CGT payable upon the sale of the business.
It was open to the trial judge to provide an allowance, and the amount would have been $73,901.
The evidence was not clear in this case and the prospect of selling the entire business in the short term was not so likely that an error was made in not making adjustment for CGT.

If you would like to discuss your personal circumstances with an experienced family lawyer, phone (07) 3221 4300 or email [email protected] or alternatively fill in our online form here to arrange a fixed fee no obligation appointment.

The post Hidden Expenses – CGT appeared first on Michael Lynch Family Lawyers.

Significant amendments were made to the Family Law Act in 2002 so that superannuation could be treated as ‘property’ in a property settlement. This allowed separated couples to split superannuation to another spouse as part of a property settlement by a superannuation agreement or court order. Prior to the amendments to the Family Law Act the Family Court had no power to split a superannuation fund or any power to require a trustee of a superannuation fund to freeze a fund pending settlement.
With superannuation becoming increasingly significant in Australia, today it is important for parties to be aware of the legal avenues available to them under the Family Law Act to preserve a superannuation interest pending final property orders.
What is an eligible superannuation plan?
The Family Law Act specifically defines the type of superannuation policies it can deal with:-

A superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 including those in the public and private sector;
Self managed superannuation funds;
An approved deposit fund; and
A retirement savings fund.

The Family Law Act does not provide the courts jurisdiction to deal with overseas superannuation policies or overseas pension funds. The jurisdiction only extends to superannuation funds and pensions in Australia.
Undertaking by a member spouse
An undertaking can be signed by the member spouse of the superannuation fund setting out that they are not to deal with their superannuation policy until a certain date or until a final property settlement. An undertaking is a promise to the Court and is as binding as an Order of the Court. A breach of an undertaking is treated the same as a breach of a court order.
A personal undertaking however will not be binding on a trustee of the superannuation fund. The only way to obtain a binding injunction on a superannuation fund is to apply for a payment flag over the fund.
Payment flag
A payment flag can be made by an order or by agreement in accordance with the provisions of the Family Law Act. A flagging order or agreement is a binding injunction on the trustee of the superannuation fund from making any further payments.
Flagging orders are usually utilised by parties in two distinct circumstances:

Where the value of a superannuation interest is currently unknown but will be known in the near future; or
Where retirement is imminent and there is a concern that the member may deal with the superannuation unilaterally.

Once a flagging order has been successfully placed on a superannuation fund, the flag will remain on the fund until lifted by a superannuation agreement or a court order or the imposing of the flag is set aside by the court.
It should be noted that an ‘unflaggable’ superannuation interest is a superannuation fund that is in a payment phase. If a member spouse is accessing their superannuation then an application to the court seeking an injunction will be more appropriate.
Flagging Orders on Defined Benefit Funds
If a payment flag is placed on a defined benefit fund this will prevent a trustee from making any payments from the fund.  If however the member of the funds dies prior to an agreement being reached, this can have a negative effect on a fund. A flagging order therefore may not be appropriate in every matter, therefore it is important to obtain advice from a family law specialist as to whether a payment flag is appropriate in your circumstances.
Court injunction
A party may also make an application to the Family Court or Federal Circuit Court seeking that an order for injunction allowing a party to deal with the superannuation fund. This may be an appropriate order if a party is unable to obtain a payment flag because the superannuation fund is no longer in the growth phase and payments are being made to a member spouse.
This may also be the appropriate option for a party seeking to protect an overseas fund. Whilst the Family Court would have no power to order an injunction on an overseas fund, the court could order a personal injunction on the member spouse from dealing with that overseas fund.
To speak with one of our experienced family lawyers, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you in person, over the phone or by Skype.

The post Protecting Superannuation Pending Final Property Settlement appeared first on Michael Lynch Family Lawyers.

Domestic Violence (DV) is a widespread problem. It is also widely misunderstood – as most people have a very narrow view of what it covers. Before you start thinking particular behaviour is okay – find out what DV really is!
Domestic Violence Laws in Queensland
Regardless of cultural background, age, religion or socioeconomic factors, domestic violence can occur in any family in Brisbane. Each State and Territory has its own domestic violence legislation. In Queensland, the law was significantly changed in 2012 and further changes were made on 31 May 2017. Domestic violence is now defined to include:

Physical abuse
Damage to a person’s property
Emotional abuse (for more info – see our article “Is emotional abuse ‘domestic violence’?”
Economic abuse
Threatening or coercive behaviour.

A more detailed account as to what constitutes domestic violence can be found in the Domestic and Family Violence Act 2012.
Examples of Domestic Violence
Domestic violence matters in Queensland are governed by the Domestic and Family Violence Protection Act and includes a non-exhaustive list of behaviours which constitute domestic violence, as follows:

Causing personal injury to a person or threatening to do so;
Coercing a person to engage in sexual activity or attempting to do so;
Damaging a person’s property or threatening to do so;
Depriving a person of the person’s liberty or threatening to do so;
Threatening a person with the death or injury of the person, a child of the person, or someone else;
Threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;
Causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;
Unauthorised surveillance of a person; or
Unlawfully stalking a person.

The Act provides that children are “exposed” to domestic violence if they see or hear domestic violence or otherwise experience the effects of domestic violence. Some examples of this are:

Overhearing threats of physical abuse;
Overhearing repeated derogatory taunts, including racial taunts;
Experiencing financial stress arising from economic abuse;
Seeing or hearing an assault;
Comforting or providing assistance to a person who has been physically abused;
Observing bruising or other injuries of a person who has been physically abused;
Cleaning up a site after the property has been damaged; or
Being present at a domestic violence incident that is attended by police officers.

Emotional or psychological abuse is covered in our linked article. There is a wide range of example behaviours provided in the Act which establish domestic violence
What can I do if I am experiencing domestic violence?
If you are in immediate danger you need to remove yourself from the situation (if possible) and contact the police. You should also speak to a family lawyer about your individual situation.
What is a Domestic Violence Application and Who Can Apply?
A Domestic Violence (DV) application offers protection by restricting the behaviour of the abuser. The person who files a DV application is known as the ‘aggrieved’, while the person whom the order is filed against is named the ‘respondent’.
The category of people who can apply for a DVO in Queensland is extremely broad. Generally, anyone who is in a ‘relevant relationship’ and who believes they have experienced domestic violence as it is defined in the Domestic and Family Violence Act 2012 may apply for a DVO.
To issue a DVO, the court must be satisfied that:

The aggrieved and the respondent have a relationship that is relevant to the application
The respondent has subjected the aggrieved to domestic violence
The DVO is necessary in order to protect the aggrieved from further acts of violence and abuse.

When applying for a DVO, the aggrieved will be provided with a court date (this is usually referred to as ‘the mention’ date). The police will then inform the respondent of the DVO application that has been made against them. If both the aggrieved and the respondent appear at the court mention date and agree to the conditions set out in the application, the court can go ahead and issue the DVO.
If the respondent does not agree to the order or fails to attend the mention, the court may grant a temporary protection order. In some cases, a DVO may be granted in the respondent’s absence. If beyond the temporary order the aggrieved still disputes the application, then the court will set a final hearing date. As a result, at the final hearing (about 3-12 months after the temporary order date) the aggrieved and the respondent are permitted to present evidence in support of their case.
If your family has been subjected to domestic violence, you don’t have to face legal proceedings on your own. Our lawyers are highly experienced in domestic abuse legislation. We can assist you with:

Filing or responding to a Domestic Violence Order (DVO)
Negotiations between parties mentioned in a DVO
Legal representation in court
Urgent Application for DVOs and Protection Orders.

Making a DV order
The extensive changes made to the Domestic Violence laws in Queensland came into force in 2017. Some of the changes include:
Minimum 5 year orders instead of the previous 2 years.
Cross applications are now heard at the same time, and
Penalties for breaches increased from 3 years to 5 years.
Domestic Violence Law FAQs
Q: Are children included in DVOs?
A: Children can be included in a DVO, if the court deems they require protection from violence. Orders can be extended to not only include the aggrieved person’s children, but also any child that lives with them (such as step-children).
Q: What are the conditions of a DVO?
A: Every DVO is different and the conditions are determined by the circumstances of the case. However, all domestic violence protection orders come with a set of standard conditions, including:

The respondent must not commit domestic violence towards the aggrieved, and
Any children mentioned in the order must not be subjected or exposed to domestic violence.

Two of the most common (but not standard) conditions of a DVO are firstly, a distance restriction on contact. If this condition applies, the respondent must not approach the aggrieved. Secondly, is an ‘ouster’ order, this requires the respondent to leave the house.
Q: What role do police play in DVOs?
A: The police are often the first to attend a domestic violence incident. If there is reasonable proof that domestic violence has occurred, they can issue a protection notice. This notice includes a standard condition that the respondent must be of good behaviour and must refrain from committing further domestic violence against the aggrieved.
Q: What if a DVO is taken out against me?
A: The following options are available to respondents:

Agree to the order, or
Request that the proceedings are delayed so you can seek legal advice, or
Oppose the order.

You may also choose to do nothing. However, if you fail to attend court or respond to the DVO, it may be made in your absence.
Q: What happens if a DVO is breached?
A: It is a criminal act if a DVO is breached. Respondents can face serious penalties for breaching an order, ranging from prison time to fines. The penalty will be determined by several factors, including the seriousness of the breach and the respondent’s criminal history.
Being subjected to domestic or family violence can be extremely traumatic. No matter what the circumstances of your case are, we can help you and your family feel safe. Our lawyers know each case is different and that domestic violence matters often need to be treated with urgency. To speak with an experienced domestic violence lawyer, contact our Brisbane office today. Phone (07) 3221 4300, or email [email protected], or fill in our online form here.

The post What is Domestic Violence? appeared first on Michael Lynch Family Lawyers.

Your child is adamant they don’t want to return to the other parent after time with you, or they want to change school. Whatever the situation- it often happens and if there is no agreement between the parents, what do you do? Let’s have a look at the wishes of children.
The paramount consideration for the court when considering parenting arrangements for a child, is that the orders are in the ‘best interests’ of the child. In considering this, one of the factors considered by the court are any views expressed by the child.
In a recent case, the question arose as to whether the strong views expressed by a 9 year old child were his own or whether they were enmeshed in the mother’s own views.
Facts:

The parties had been in a brief relationship and at the time of the trial, the child was 9 years old.
Following separation, the child had lived with the mother and spent time with the father.
The matter had had a difficult history, with the parents having been involved in litigation over many years, and the mother having a history of making unfounded abuse allegations against the father.
The mother left Victoria and went to Sydney, and did not return. The father succeeded in an application for the return of the child to Victoria. He then sought orders that the child remain living with him. The mother opposed this and sought an order that she have sole parental responsibility.
A family report was prepared and the child expressed strong and consistent views that he preferred to live with his mother.
The report recommended that the child live with the father, as the father provided stability at home and for the child’s education.

Findings:

The report noted that the child was of an age where his wishes should be given substantial weight, however the difficulty was that his views were tangled in the “parenting role” the child had taken on whilst living with the mother.
The court was unconvinced as to the mother’s alleged reasons for moving to Sydney, and then insisting on remaining.

The Order:

The child live with the father and spend time with the mother.

For more information on considering ‘children’s wishes’ – look at our article “Weighing the wishes of a 13 year old”.
To make an appointment to discuss your personal circumstances, please phone us on (07) 3221 4300 or email at [email protected], or alternatively fill in our online form here.

The post Testing a child’s wishes appeared first on Michael Lynch Family Lawyers.

When does Child Support stop?
The Child Support Act sets out the few events that will terminate a Child Support assessment, some of them include:

If the CSA has accepted a Child Support agreement where both parents have agreed that payments should cease on a specified date; or
If the parents have reconciled for 6 months or more.

If there is an international arrangement in place, where the ‘contact’ parent lives in another country and pays Child Support, the requirement to make payments may cease if:

the parent making the payments is a resident of a reciprocating jurisdiction and then ceased to be a resident of Australia or that reciprocating jurisdiction;
the reciprocating jurisdiction in which the parent making payments resides in becomes an excluded jurisdiction; or
the parent receiving the payments was a resident of a reciprocating jurisdiction and they cease to be a resident of a reciprocating jurisdiction, or of Australia.

There are many reciprocating jurisdictions, including the UK, USA, Spain, Hong Kong, Germany and Ireland. If the child is an Australian citizen, present in Australia or ordinarily resides in Australia, the requirement to pay Child Support will not be terminated if the carer ceases to be a resident of Australia or a reciprocating jurisdiction.
Speak With a Specialist

At Michael Lynch Family Lawyers in Brisbane, we have solicitors experienced in child support matters who can help you receive the best possible outcome in an assessment. For all your child support concerns, our experienced family lawyers are here to provide expert advice and advocacy. Contact our office today on (07) 3221 4300.

The post When Does Child Support Stop? appeared first on Michael Lynch Family Lawyers.

Michael Lynch Family Lawyers are proud to announce the listing of two of our staff on the 2020 Doyle’s awards for Family & Divorce Lawyers. Our Director Tarah Tosh is in the Leading Parenting & Child Matters Lawyers (Brisbane) list and our Associate Zoe Adams is in the Family Law Rising Stars (Queensland) list.
Doyle’s guide is a prestigious and independent organisation that ranks individual lawyers and law firms based on extensive research and various sources of information. These include: online peer-based surveys, extensive telephone and face-to-face interviews with clients, peers and relevant industry bodies.
As a result, the individual lawyers are identified and recognised for their expertise and abilities in various aspects of Family Law.
Both Tarah and Zoe have years of dedicated experience within various aspects of Family Law including: divorce proceedings, property settlement matters, child support, children’s issues, as well as de facto relationship issues.
Tarah was appointed as one of three Directors of the firm in August 2017. Tarah has worked in all aspects of Family Law including practising as a solicitor in the United Kingdom, specialising in child protection and education law. Tarah is strongly committed to and recognised for her volunteer work, providing legal advice, guidance and support to highly regarded organisations.
Zoe has worked exclusively in Family Law for more than ten years. Zoe has a strong practical and collaborative approach to resolving Family Law disputes, backed by her experience and knowledge of court procedures.
We congratulate Tarah and Zoe on their achievements and we are very proud to have them on our team!

The post Congratulations for making it to the Doyle’s guide of recommended lawyers for 2020. appeared first on Michael Lynch Family Lawyers.