Parental Child Abduction is a term which typically refers to when one parent detains, conceals or takes a child from the other parent without their consent.
It is a serious and urgent issue that some parents face, more commonly during or after a separation when parents are in dispute over parenting arrangements.
The process of trying to recover the child can be incredibly traumatic when this occurs within their home country, but it becomes even more fraught with risk and uncertainty when the child is taken or withheld abroad.
Here are some things you need to know about International Child Abduction, the avenues for protection and recovery, and the many considerations for separated parents when it comes to allowing their child to travel overseas.
What Does the Law Say In Australia About International Child Abduction?
In 2018, amendments were made to the Family Law Act 1975 making international child abduction a criminal offence in Australia, attracting three years’ imprisonment.
Parents are presumed to have equal responsibility for their children, even if the parents separate.
Generally speaking, they will be responsible for the significant decisions in the child’s life, such as where the child will live.
A child’s home is considered to be the place that they habitually reside with their primary caregiver – whether that be their mum, their dad, or another guardian. In addition, if a parent wishes to take a child overseas on a holiday, they must seek permission from the other parent.
When a parent does not seek permission and proceeds to leave the country with the child, or takes the child overseas with the other parent’s consent but does not bring them home by the agreed date, this may become a case of international parental child abduction.
How Can You Protect Your Child From International Child Abduction?
Parents going on a holiday with their child is common practice. When a parent does not inform their ex-spouse about planned travel arrangements and proceeds to leave the country with the child or children, this may become a case of international parental child abduction.
You can apply to the Family Court to make an order, and have the child’s name placed on the Family Law Watchlist, preventing a parent from taking a child overseas if you know they are planning to do so.
This watchlist is maintained by the AFP, and can be accessed at all international departure points in Australia.
In order to obtain this, you will need to demonstrate to the Court why you consider international child abduction to be a risk, potential safeguards that need to be in place, and whether the country the parent intends to take the child is part of ‘The Hague Convention’.
The Hague Convention – What is It & How Does It Protect Children?
Australia is a signatory to The Hague Convention on the Civil Aspects of International Child Abduction (commonly referred to as “The Hague Convention”), along with more than 80 other countries.
The Hague Convention is a multilateral treaty established in 1980, which seeks to protect and provide remedies and protocols for the prompt return of children who have been victims of international child abduction to their home country.  All countries who are signatory to The Hague Convention have implemented their own legislation to give effect to the protocols set out in the Convention. In addition, there are some countries who have acceded to the Hague Convention, but where it is not yet in force between them and Australia.
If your child has been abducted a country that is signatory to the convention, you can seek a return to Australia under the Hague Convention.
If your child has been abducted to a country that is not a signatory, and you are not able to seek their return through the Hague Convention, we suggest you seek legal advice as soon as is possible. At Pullos Lawyers, we can assist. Please get in touch with us at your earliest convenience to find out what steps to take to ensure the safe retrieval of your child.
While Egypt and Lebanon have not signed The Hague Convention, Australia does have bilateral agreements on child welfare with both countries. These agreements are the Australia-Egypt Agreement and the Australia-Lebanon Agreement.
The full list of Hague Convention countries can be found here.
Making An Application Under The Hague Convention
The Australian Central Authority (ACA) is the body in Australia that will make an application in relation to The Hague Convention on behalf of parents.
An application must be made within 12 months of the child being abducted. In addition, the following requirements must be met for the application to be valid:
• The child involved is aged under 16;
• The parent making the application has custody rights (i.e. is the primary carer);
• This parent was exercising the custody rights at the time of the child’s wrongful removal from the country;
• The child’s country of habitual residence before their removal was Australia;
• The child is currently in a country covered by the Hague Convention;
• The child was taken overseas without the parent’s consent or without authorisation via a court order
Some Considerations Regarding The Hague Convention and its Limitations
It is a common assumption among parents that allowing a child to travel to a country that is a signatory to the Hague Convention is safe, and in the instance the child is not returned to Australia as promised, an immediate return is guaranteed. This is not the case.
There is a lot of variation in the application of the convention by the various countries. Each application is reviewed on its own merits by the foreign country, applying its own processes, procedures and timeframes.  This may mean a ‘prompt’ action in returning a child is 3 months in some countries, and up to 2 years in others. Family Law in the US for example, is regulated at state level rather than federal level, and the immediacy of a response will be dependent on the laws in that particular state.
In any case, any delay in recovery of a child can be traumatic – for the child, the other parent, their friends, their family and school. The retrieval process itself can also be traumatic for the child, whereby the law enforcement officers will usually turn up, remove the child from their abducted location, and then accompany them to the parent – who is either back home in Australia, or who has flown to the country to aid in the retrieval.
Need To Speak To Someone About International Child Abduction?
International child abduction matters need to be dealt with urgently. At Pullos Lawyers, we are experts in international law issues and we have dealt with and been successful in the protection and safe recovery of many children who have been abducted, or at risk of being abducted and taken overseas, both to countries who are signatories of The Hague Convention, and to countries who are not. We also possess strong connections with many overseas family lawyers. Get in touch with our lawyers today to find out more about your specific circumstances via email, or call us in our Gold Coast office on (07) 5526 3646 or Brisbane on (07) 3144 1641.
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Parental child abduction is a serious matter that requires immediate assistance. If you fear your child has been abducted and fear for their welfare and safety, please call the police on 000 immediately. For additional information relating to parental child abduction and the law, Pullos Lawyers can assist. We share some important information below. What […]

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At Pullos Lawyers, we have over thirty years of experience in family law matters. We thought we should piece together a general 10-Step Guide to preparing for separation financially and emotionally. This is a general guide only and is not a substitute for legal advice. Our family lawyers recommend that you seek legal advice as […]

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Family Law is an incredibly sensitive and complex field of law. If you are experiencing some family issues and looking for the best family lawyer for your situation, it is essential you engage the right people, as this will determine the outcome of your situation. Many law firms will offer a free initial consultation. It’s […]

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Unfortunately, transgender and LGBTQI individuals often experience social isolation, high levels of violence and discrimination, despite anti-discrimination laws in place at both the State and Federal level. In addition to this, they also have to deal with a range of ever-evolving legal challenges that are specific to them. Here’s what the law currently says about […]

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When parents separate, the welfare of any shared children is paramount. Family breakdowns can be incredibly emotional times for all parties, and in some cases, these heightened emotions can make reaching an agreement between ex spouses difficult. If you are looking to separate and have children, you’ll likely have many questions about how to ensure […]

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When it comes to starting a family and having children in Australia, there are many struggles a potential parent may face. These may include issues with fertility, with carrying a child to term, as well as lengthy adoption wait times. Surrogacy is another option that a potential parent may wish to consider. However, while surrogacy […]

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We live in an incredibly global, mobile society. Every year, more and more Australians move and work overseas, building up assets as well as families during their time abroad. However, as relationships that cross international borders increase, so too do the breakdowns of these relationships, and the complexity of the legal implications of that relationship breakdown. Navigating international family law issues in Australia is complex due to the variance in laws and rights of parties in different countries. At Pullos Family Lawyers, we are experts in international family law matters. We share an overview of some of the things you need to know with when it comes to International Family Law in Australia.
International Divorce
When you have married in one country and lived in another or a variety of countries, and separate while in a country different from the one you were married in, the issue of where to apply for a divorce can seem like a complex and daunting one.
If you are seeking a divorce and both you and your spouse live overseas, or if you live in Australia and your spouse lives overseas, the first thing you will need to establish is whether your marriage is legally recognised in Australia.
If you legally married in Australia, your wedding will be recognised. If you married overseas, a foreign marriage certificate that is valid in the country where the marriage took place will usually be sufficient to have your marriage recognised in Australia.
As per the Marriage Act 1961, exceptions to this rule include when the parties are under the age of 16, the parties are siblings or an ancestor or descendant of the other person, or if one or both parties are already validly married to another person.
If you or your spouse lives abroad, there are certain criteria that needs to be met if you wish to apply for divorce in Australia.

You must be able to establish that:
You regard Australia as your home with the intention of residing here indefinitely
You’re an Australian citizen by birth, descent or have obtained an Australian citizenship
You ordinarily live in Australia and have done so for at least 12 months prior to filing for divorce.

In addition to this, the normal criteria for applying for divorce in Australia must be met.
In Australia, we have a “no fault” divorce requirement, however this is not the case in every jurisdiction.
Also you need to be aware that in some countries, although not in Australia, a divorce application and applications in relation to your children and your finances all happen together. In other countries the divorce comes first.
You may in fact have a choice of countries in which you might be able to apply for a divorce order, or a property settlement or orders in relation to your children.
Dealing with international family law matters in Australia tend to be quite complex. Our specialist International Family Lawyers at Pullos Lawyers will be able to advise you on what options are available to you and which jurisdiction might be best for you to bring your International Family Law claims in.
International Property Settlement
In Australia, the courts will consider the following in determining the share of assets and properties.

The net asset pool
Any financial and non-financial contributions by either party
The future needs of either parties and adjustment
Whether the proposed settlement is just and equitable for all parties involved.

However, there are likely to be different considerations and different approaches to how assets should be distributed in different countries.
If you own property in another country, Australian courts do have a general power to make property adjustment orders in relation to these assets. However enforcement of such orders may be additional International Family Law issues to be advised on.
You will almost certainly have a choice of where to bring your property settlement claim and that choice, and which of them is best for you, will depend on many factors unique to your particular asset holdings, income and general circumstances.
At Pullos Lawyers, we have acted for clients with international property settlements in countries across the world, including the UK, USA, United Arab Emirates, Singapore, Hong Kong, mainland China, France, Germany, Spain, Holland, New Zealand. We have connections with family lawyers in many countries across the world and work closely with them to determine which course of action is best for each client.
International Parenting Disputes
Parenting disputes are often some of the most complex and sensitive areas of International Family Law we at Pullos Lawyers deal with for our International Family law clients.
Matters we can assist with include the abduction of children, international child support, and obtaining access to children.
Many countries have signed the international treaty known as “The Hague Convention”. The Hague Convention is a multilateral treaty in force between Australia and a number of other countries, and is instrumental in assisting the recovery of children who have been taken from one country to another, where both countries are signatories to the convention.
Unfortunately, there are many countries who are not signatories to the Convention which gives more complexity to these cases.
Need Assistance Dealing With International Family Law Matters in Australia?
International Family Law matters need to be dealt with urgently. At Pullos Lawyers, we are experts in international law issues and have achieved positive outcomes for many clients, including the protection and recovery of children, and the retrieval and equitable distribution of international assets after a marriage dissolution. In addition, we also possess strong connections with overseas family lawyers. Get in touch with our lawyers today to find out more about your specific circumstances via email, or call us in our Gold Coast office on (07)5526 3646, or in Brisbane on (07) 3144 1641.
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When it comes to starting a family and having children in Australia, there are many struggles a potential parent may face. These may include issues with fertility, with carrying a child to term, as well as lengthy adoption wait times. Surrogacy is another option that a potential parent may wish to consider. However, while surrogacy is perceived to be a practicable option in other countries (such as the US) it is one that is much less explored and understood in Australia – for many reasons. Here’s what the law says in Australia, with a specific focus on the laws in Queensland.
What is Surrogacy?
Surrogacy relates to an arrangement between a woman (the birth mother) and another person or couple (the intended parents) where the birth mother agrees to become pregnant with a child for the intended parents. When the baby is born, the birth mother gives the baby to the intended parents.
Is Surrogacy Legal in Australia?
Many people are surprised to find that surrogacy is in fact legal in Australia – provided the surrogacy is non-commercial. Surrogacy is regulated at the state level, meaning there is no uniformity in surrogacy laws in Australia. In Queensland the surrogacy laws are regulated by the Surrogacy Act 2010.
All States have surrogacy regulations in place, apart from the Northern Territory, where there are no laws in place.  This means surrogacy is neither legal, nor illegal in the Northern Territory, and intended parents who live here cannot enter into a formal surrogacy agreement. Due to this, many intended parents will relocate to another State in order to have a formal agreement in place.
Can Surrogates Get Paid?
One instance where the surrogacy laws in Australia are uniform from state to state is in outlining that only altruistic (non-commercial) surrogacy arrangements are legal. This means that any payment or reward to any party in the arrangement is illegal – commercial surrogacy is illegal for Queenslanders, even if arrangements are made overseas. In Queensland, you also cannot advertise for any surrogacy arrangement, whether you are the intended parent, or you are promoting your services as the surrogate.
Some States do allow you to advertise. In SA and WA, you may advertise, and in NSW, you can advertise, as long as the advertisement is not paid for.
As an intended parent, however, you may pay the birth mother for any and all reasonable costs that she has as your surrogate. You will need to agree to these prior to the pregnancy, and this agreement will need to be in writing. What costs the intended parents will need to cover under varies from state to state, and on individual circumstances.
In Queensland, costs that may be incurred include:

medical costs for the birth mother such as fertility treatments and doctor’s appointments any costs for your child;
life, health or death insurance premiums;
counselling costs;
legal costs;
loss of earnings by the birth mother;
other reasonable costs associated with the surrogacy.

As these costs vary from state to state, are difficult to predict, and are usually significant, we advise that you seek legal advice from family lawyers with experience in surrogacy law before considering any agreement.
Pullos Lawyers have assisted in a number of surrogacy cases and can help to determine the likely incurred costs that an intended parent will be expected to cover. Please get in touch.
Who Can Enter Into a Surrogacy Arrangement?
The surrogacy laws in Australia differ slightly from state to state when it comes to who can enter a surrogacy arrangement.
The Act that regulates the laws in Queensland states that any person over the age of 25, regardless of their relationship status, can enter into a non-commercial surrogacy arrangement.
If you are the intended parent(s), you:
• may be married, a de facto couple or single
• do not need a genetic connection to the baby or birth mother
• may use any method for conception, such as in-vitro fertilisation, artificial insemination, self-insemination or natural conception.
The arrangement can only be made prior to the surrogate falling pregnant, and the intended parents must have a medical or social need for surrogacy.
Other requirements for the surrogate include:
• That the parties have undergone counselling;
• That the parties have obtained legal advice about the arrangement;
• There is a written Surrogacy Agreement signed by all the parties.
What Rights Does The Surrogate Have?
The surrogacy laws in Australia all stipulate that the surrogate maintains bodily autonomy throughout her entire pregnancy. You can read what the Queensland Government says here.
This means she is able to make final decisions around her body, even if this is likely to affect the child she is carrying, and despite any pregnancy and birth plans in place.
How Do Intended Parents Become the Child’s Legal Parents?
When the child is born, the birth mother, and their partner (if applicable) will need to register the baby’s birth with their names listed as the child’s parents.
The Intended Parents will then have to apply to the Courts in the state where they live (in Queensland this is the Children’s Court of Queensland) for a Parentage Order so that a birth certificate can be re-issued with their names listed as parents.
Want To Know More About Surrogacy Laws in Australia and / or Queensland?
At Pullos, we specialise in a number of other family law issues, including parental rights, children’s issues, and surrogacy law. If you are considering entering a surrogacy agreement, would like to find out more, or need some legal advice, please contact us to make an appointment for an initial telephone call. Alternately call us to speak to one of our Brisbane specialist family lawyers on (07) 3144 1641 or one of our Gold Coast specialist family lawyers on (07) 5526 3646.
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People are increasingly being encouraged to stay home in self-isolation and practice social distancing in light of the Coronavirus (COVID-19) pandemic. Furthermore, there are mandatory 14-day self-isolations if you have been overseas recently or in contact with someone who had the Coronavirus. However, there is concern around the issues of domestic violence and coronavirus isolation measures.
What If Home Isn’t Safe?
For people who are experiencing domestic violence, these Coronavirus isolation lockdowns, whether voluntary or mandatory, have trapped them in their homes with their abusers. Their abusers have yet another excuse to keep their spouse trapped and isolated from the world and from any friend or family support network that they may have.
From this, it is a grave concern that domestic violence incidents will spike during this period of medical crisis. It is important to remember that domestic violence takes many forms, including physical, emotional and financial abuse.
If you are a victim of domestic violence, please do not let these measures make you stay in that environment – SEEK HELP. When it comes to domestic violence and coronavirus, please remember that there ARE people who will help you, including the police and legal representatives, during this time.
Pullos Lawyers can help you legally and refer you to the appropriate support systems, emergency housing and psychologists. We assure you that we will be open during our normal business hours during any health crisis because we have the ability and systems to work remotely.
If you are not quite ready to take the next steps legally, we highly recommend the following two (2) applications developed by Women’s Legal Services Qld that you can download on your phone to find helpful domestic violence support information at your fingertips:
1. Refocus; and
2. Penda.
We have explained briefly explained these applications below.
Re-focus Application for your Phone – Domestic Violence Assistance
The Re-focus App provides people with legal information about domestic violence including how to apply for a Domestic Violence Order, arrangements for children, financial and property matters, options for reaching a legal agreement and safe accommodation. The App also provides information in relation to where a victim of domestic violence may receive free legal advice and refers people to use the domestic violence telephone line for support.
The Re-focus App also has a free test that a person may take so that they can self-assess their situation and whether they are in a domestically violent relationship. It occurs often that domestic violence victims become accustomed to such behaviours and do not recognise that such treatment or behaviours are abusive. This test breaks the ice and gives confirmation and reassurance to those who need it most.
This App has requires password so that in the event your phone is stolen by the perpetrator, then they cannot access the App. The App also stores the information provided to the user so that they can quickly refer back to that information at any time.
PENDA Application – Domestic Violence Assistance and Financial Matters
If you or a loved one are in a domestically violent relationship and are worried financially of how to break free from the relationship, an application called PENDA provides sound advice in relation to how to access emergency money, crisis payments and emergency housing. Another feature of PENDA is that it assists the user with financial safety planning, which includes how to separate your finances from your spouse as discretely as possible.
The PENDA application also provides general legal information in relation to domestic violence matters and refers its users to providers of free legal advice to domestic violence victims. This feature is similar to that of the Re-focus application which also provides this information.
We recommend that you download the PENDA and Re-focus if you would like access to free domestic violence information. A feature of the Re-focus application is that you have access to a free online quiz to self-assess your situation and whether you are in a domestically violent relationship, which is not available through PENDA. The PENDA application is more tailored towards financial assistance and how to financially plan ahead when leaving the relationship.
Other Support Regimes – Help Hotlines
If you would like to speak to someone that’s a counsellor or crisis professional about domestic violence and Coronavirus, or domestic violence in any situation, White Ribbon provides a list of services and their phone numbers.
What Next?
Please remember that if you are suffering from domestic violence abuse, do not suffer in silence – there are support networks and programs that can get you the help you need; you must reach out for help.
We highly recommend the above support and information programs but please note that there are many more to choose from.
If you require urgent assistance, please call 000.
Still Have Some Questions About Domestic Violence and Coronavirus?
If you have self-assessed your situation and would like legal advice in regards to domestic violence and Coronavirus, or any other domestic violence issue, Pullos Lawyers are here to help. Please don’t hesitate to contact us on 07 5526 3646 for a free 15 minute confidential discussion with one of our solicitors. We can also assist you with preparing for separation, children’s custody issues, and divorce.
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Do you have Orders or a Parenting Plan in place that stipulates where, when and with whom your children are to spend time with?
If not, are you in the midst of separation with your partner and trying to figure out arrangements with your children?
In either scenario, there are serious considerations in light of the Coronavirus (COVID-19) pandemic that need to be made for the safety of your children.
By way of example, you should consider and mutually agree in relation to whether extra-curricular activities should be undertaken by your child in the next coming weeks.
Furthermore, schools may well shut for a period of time which will require a parent to be at home with their child or make arrangements thereof.
What if you or your former partner are required to self-isolate – maybe even both of you – what arrangements can be put in place?
If your child has medication they require, it is highly advisable that both parents stock up on that medication (within reason) in the event that supplies become low in the next coming months.
We highly recommend that you discuss these arrangements (perhaps even writing down a plan) with your former partner in advance so that you are prepared in the event a full-fledged medical crisis occurs.
Pullos Lawyers can assist in crafting workable solutions for parents, including formulating plans and negotiating appropriate arrangements during this time. If there is a need for urgent Court intervention then the Courts are still open and we can assist in that option as well.
Please do not hesitate to contact us on 07 5526 3646 or by email: [email protected] to discuss these family law matters.
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Are you currently in a throuple relationship? – two or more partners at the same time? Polyamorous? Multiple sugar babies?
Don’t forget to protect your interests. It is important to keep in mind that when you have been in a relationship for more than two years, whether that’s with one person or multiple, that you may be considered to be in a “de facto relationship,” with one or more person.
Furthermore, if you are married and also have a relationship or relationships with other people outside of the marriage, you can also be in held to be in a de facto relationship with those other people at the same time.
If you are wondering what a “throuple” is, it’s a relationship consisting of three people. However, this can be further categorised as a “Vee”, which means one person who has two separate spouses that don’t have a relationship between each other, and a “Triad,” where all three people share a relationship with each other.
Polyamorous means that you are in intimate relationships with more than one partner. A sugar baby is a person that dates another for money or other benefit, which in return, can provide the benefit of a sexual or domestic relationship.
Of course, relationships are not confined to specific numbers of people, and they can be complex. Same-sex couples, whether as the primary relationship or secondary, are also subject to the de facto regime.
Why Should I Care if My Relationships Are Labelled as De Facto?
Right? Well, read on…
The implications of being deemed in a de facto relationship are two-fold:
1. In the event the relationship or relationships break down, the de facto spouse(s) are entitled to commence proceedings for a property settlement and potentially spousal maintenance, depending on the circumstances.
2. If you do not have a will and die intestate, then your de facto spouse(s) are presumed entitled to your estate, which can create complications – especially if you have multiple partners and/or are married at the same time. We do not advise in this area and recommend you seek advice from a Wills & Estates Lawyer.
Additionally, your interests may not be the only ones requiring protection. For example, if you’re in a marriage or de facto relationship and your spouse or partner is in a second, separate, de facto relationship with another person then that 3rd person may acquire rights against your spouse or partners assets. That claim may well compete with your own or effect your financial position by reducing your spouse or partners assets.
What Constitutes a De Facto Relationship?
The following circumstances are taken into account by the Court when determining whether there is a de facto relationship:
1. the duration of the relationship (must be at least 2 years in most cases but can also be shorter in some circumstances);
2. the nature and extent of their common residence;
3. whether a sexual relationship exists;
4. the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
5. the ownership, use and acquisition of their property;
6. the degree of mutual commitment to a shared life;
7. whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
8. the care and support of children; and
9. the reputation and public aspects of the relationship.
For further information, please see our article in relation to de facto relationships HERE.
How to Protect Your Interests Ahead of Time – Financial Agreements
Whether you’re in a throuple relationship, a polyamorous, or a de facto relationship of any kind, and you would like to protect your interests by ensuring that your assets, companies and trusts are not disrupted in the event there is a breakdown of your marriage and/or your de facto relationship(s), we strongly advise that you enter into a Financial Agreement with your spouse(s).
A Financial Agreement is a written document that sets out how the property pool (which includes all of the assets, interests, companies, shares, trusts of the parties’ to the relationship) and liabilities, are to be divided in the event of separation.
Furthermore, a Financial Agreement can provide for a situation where there are periods of separation in which you reconcile.
However, it is not as simple as us drafting up an agreement and each party signing; there are legal requirements in order to ensure the agreement is binding.
At Pullos Lawyers, our specialist family lawyers are experts in complex Financial Agreements and can assist you with every aspect of them from negotiating their terms to drafting them and providing you with the advice needed before they are signed and can be binding.
At the end of the day, a good Financial Agreement will save you a lot of stress, time and money.
Has the Polyamorous or Throuple Relationship Already Started to Break Down?
If your relationships are on the break of breaking down, we recommend that you urgently seek advice in order to endeavour to best resolve any potential property settlement or spousal maintenance issues without the need of going to Court. If an agreement is reached, we can formalise that agreement by way of a Financial Agreement, or mutually agreed to orders, called “consent orders.”
In a Polyamorous or Throuple Relationship, and Need Advice?
If you are in a marriage or de facto relationship, or are potentially in more than one defacto relationship and you don’t have a Financial Agreement in place, contact us to make an appointment for an initial telephone call to determine what your needs might be. The telephone call will be free of charge and it may save you significantly into the future. Alternately call us to speak to one of our Brisbane specialist family lawyers (07) 3144 1641 or one of our Gold Coast specialist family lawyers (07) 5526 3646.
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A family law firm deals typically deals with a range of family-related legal issues. This usually includes divorce and separation, the division of marital property, spousal maintenance and child support and custody. If you believe you may be in need of some assistance in relation to family issues, reaching out to a specialist family lawyer early on would be a wise first step to take.
Here’s what family law entails, and what a Pullos specialist family lawyer can assist you with.
Separation and Divorce
Separation is when you stop living as a couple. This does not have to mean you leave the house you share today, just that you have stopped living in a relationship with each other. You will not need to get certificates or fill out forms to say you are separated, but you will likely need to sort out financial arrangements and notify institutions such as Centrelink or your bank about the change in circumstances. You should get advice from a specialist family lawyer about who to notify about your separation to best protect your assets and your children.
Divorce is the official ending of your marriage. You will need to be separated for 12 months and 1 day to be able to apply for divorce.
A specialist family lawyer can advise you on any legal requirements, and assist you with filing for divorce, as well as arrangements for any children or the settlement of property, or spousal maintenance.
Domestic Violence
A family law firm can assist you with legal issues relating to domestic violence. The Domestic and Family Violence Protection Act 2012 aims to “provide for protection of a person against violence committed or threatened by someone else if a relevant relationship exists between the persons”. If you believe you are in immediate danger, we suggest you call the police on 000 or contact local domestic violence support. Once you are able to do so, we advise you speak to a family law firm to find out the best course of action which may include assisting you in applying to a magistrate at a magistrates court for a domestic violence protection order.
Children
When it comes to the arrangements of children after separation, a specialist family lawyer can help. The Family Law Act will apply to your children, regardless of whether the parents have been married or not.
Speak to your ex-partner, if it is safe to do so, to see if you can agree to a parenting plan together. A parenting plan is a signed and dated agreement between parents as to the arrangements for the children such as where the children will live, who the children spend time and communicate with, and their school or childcare.
It is usually in the family’s and children’s best interests to come to an agreement, and not to go to court. A family law firm can advise you on all the requirements for a parenting plan, and the next course of action in the instance you cannot come to an agreement.
Family Dispute Resolution or Mediation
Family dispute resolution is the process of trying to come to an agreement about your family arrangements outside of the courts. This can be done through a mediator or through collaborative practice. Your specialist family lawyer can advise you about all the options for getting to an agreement without going to Court.
Dispute resolution is typically cheaper than going to court, and can be a less stressful experience for all parties. A family law firm will be able to direct you to a family dispute resolution service, or assist you if you cannot reach a resolution through mediation. Specialist Family Lawyer Cassandra Pullos is an industry leader in mediation, collaborative practice and parenting co-ordination and offers a problem-solving approach to serve the best interests of all parties and their children.
Want To Speak To a Specialist Family Lawyer?
If you are experiencing issues relating to any of the legal matters above, Pullos Lawyers are specialist family lawyer and able to assist. We have a family law firm in Brisbane and on the Gold Coast, with specialist family lawyers who have many years’ experience dealing with all types of family law issues, including divorce, domestic violence, LGBT law, children’s issues, international divorce and much more. For more information, we have a complimentary personalised welcome pack available here, or please contact us or phone us on (07)5526 3646 (Gold Coast office) or (07) 3144 1641 (Brisbane office).
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Going through litigation, for any legal issues, can be a tedious process. It’s often lengthy, it can be costly, and it can be incredibly stressful for all parties involved.
When it comes to family law issues, and in particular those involving children, the impact of litigation can increase exponentially.
That’s why many people when dealing with issues like child custody often opt for out-of-court resolution options such as mediation.
Here are the benefits, and why you should consider child custody mediation over the court process.
It Focuses On Creative Problem Solving
Unlike the court process whereby a decision is made on your behalf, child custody mediation is an interest based process where both parents sit down with an independent third party to assist them in reaching a mutually agreed solution and parenting plan.
A mediator will not make any decisions, but will employ a number of techniques to help the parents involved come up with solutions that best serve their children.
It Can Be Healing
Reaching an agreement relating to child custody via mediation with someone you’ve struggled to communicate effectively with for a long period of time can be incredibly healing for a parent. It can also be incredibly healing for a child who unavoidably may have been caught in the middle and also endured stress.
Mediation focuses on what’s best for the children. It also teaches parents about the importance of separating their own needs from the child, and equips them with the skills to do it. Another benefit is that mediation won’t focus on what’s happened in the past; its about setting up a positive framework for successful parenting, and parent-child and parent-parent relationships into the future.
It’s Confidential
Child custody issues are often very sensitive matters, which is why mediation is a great option for ensuring issues at hand are discussed privately.
As per section 97 of the Family Law Act 1975, in most circumstances, courts and their decisions are accessible to the public to reflect Open Justice. When it comes to children and family matters, Section 121 does try to strike a balance between the need for openness, and a family’s right to privacy, by making it an offence to publish proceedings that identify persons or witnesses involved in family law proceedings. But, this means that facts of the case are still often available to view by the general public.
Mediation, on the other hand, is completely confidential. The details are not made public, and the contents of the mediation are not disclosed to a judge. In addition, for the most part, information that is produced or discussed in mediation cannot be used in any current or subsequent arbitral or judicial proceedings.
It’s Generally a Quicker Process
The process of litigation can often be very drawn out, sometimes with multiple court appearances required set far into the future.
Mediation is often much quicker. A mediation session is scheduled for a half day or a day, depending on the number of parties and issues involved. Following this, your parenting plan could be implemented within months or even weeks of the decision being made.
It’s Less Expensive
When you opt for child custody mediation, you avoid the costs involved with preparing and running a trial through the court process.
In addition to that, if you are unsuccessful at a trial, you may be ordered to pay the legal costs incurred by your former spouse, which can be very costly.
Want To Speak To Someone About Child Custody Mediation Options?
Pullos Lawyers founder Cassandra Pullos is an industry leader in the field of Mediation and has built a reputation for delivering exceptional results that reflect her future-focused, problem solving approach to mediation. If you would like to find out more about how we can assist with child custody mediation, or any other specialties including divorce law, and spending time with your children, please get in touch with us via email, or call to speak to one of our Gold Coast family lawyers on 07 5526 3646 or one of our Brisbane family lawyers, on 07 3144 1641.
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There have many positive updates to the laws regarding LGBT + rights in Australia in the last few years, and rightly so; the journey to the legalisation of same-sex marriage, for instance, was long overdue. We at Pullos Lawyers are incredibly happy to see this evolution of the law, which is increasingly calling for same-sex relationships, gender diverse individuals and LGBT + issues to be afforded the same recognition in the eyes of the law as those within the heterosexual community.
But, the LGBT + law landscape is intricate and incredibly complex – and there is still a long way to go. At Pullos Lawyers, we commit to staying abreast of LGBTIQ + law and issues as they will likely change over the next few years. We will continue to provide support, legal assistance, and specialist, tailored solutions to all of our clients.
We share just some of the issues around LGBT + rights in Australia that need to be taken into consideration for 2020 – and beyond.
LGBTQI+ Anti-Discrimination Rights
Following same-sex marriage becoming legal, the Federal Government commissioned the Ruddock inquiry to examine whether Australian law adequately protects the human right to freedom of religion. A report was released in December 2018 containing some controversial recommendations.
Much discussion has been had around existing exemptions that allow religious schools to discriminate against LGBT + students, teachers and staff. A bill has since been put forward, led by Penny Wong, to ensure LGBT + students would not be excluded from religious schools.
In addition to this, most states and territories have other exemptions to LGBTI+ protections, including in sporting activities, where the governing body can exclude people based on their LGBTI + status.
Even outside of these exemptions, there are very few laws in place that explicitly protect all LGBTI+ rights in Australia. Disturbingly, while the federal Fair Work Act 2009 prohibits adverse treatment on the basis of sexual orientation, it does not protect trans, non-binary and intersex people against workplace discrimination.
It is imperative that LGBT + rights in Australia are established to protect all those in the LGBT community from these federal discrimination laws.
LGBTQI+ Identity-Related Rights
When it comes to LGBTQI+ rights in Australia, we still have a long way to go around the legal requirements for recognising a person’s gender.
In most of Australia, if the gender a person identifies with does not match the sex they were assigned at birth, they are required to undergo medical treatment, or even surgery, to have this altered on their birth certificate. In Tasmania, you cannot be married prior to altering this, which means couples will need to divorce in order to change their gender.
Not all those who consider themselves intersex, non-binary or trans choose to have surgery for a number of reasons.
For many people, being able to legally change their gender marker is an important step in reclaiming their gender identity. It is unfair and archaic that those who chose not to undergo surgery – or who cannot afford it – are not able to have the gender with which they identify, legally recognised.
Want To Speak To Someone About LGBT + Rights in Australia?
We’d love to help, and can talk through the information that applies specifically to your circumstances. We are familiar with, and passionate advocates of, a number of LGBT+ issues. Get in touch with our lawyers today via email, or call us in our Gold Coast office on (07) 5526 3646, or in Brisbane on (07) 3144 1641.
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Our office will be closed from 5:15pm on Friday, 20 December 2019 and will reopen on Monday, 6 January 2020 at 8:15am.
If you are in need of immediate advice, please contact us at [email protected]. Emails sent to this address will be monitored over the Christmas break.
In the event of an emergency involving an immediate risk to a person’s safety, please call 000.
We wish you the compliments of the season.
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When marriages or even de facto relationships break down, there are circumstances where one party may not be able to support themselves and meet their own financial needs. This may result in entitlements to spousal maintenance. We are often asked questions concerning spousal support, so here are our top FAQs answered by our spousal maintenance lawyers.
 
What is Spousal Maintenance?
Under the Family Law Act 1975, either you or an ex-partner might be liable to financially maintain the other person after either separation or divorce if the other person is unable to adequately support themselves. Spousal maintenance is not gender-specific and can be claimed by the husband, wife or either party in same-sex couples.
 
What Are My Entitlements?
If you are either separated or divorced from your spouse or separated from a de facto partner after March 1, 2009, you may be entitled to receive financial support.
A party will only be able to receive spousal maintenance if they cannot support themselves, and the ex-partner has the financial capacity to contribute. The party seeking maintenance may not be able to adequately support themselves for the following reasons:

Having to care for a child from the marriage under the age of 18 years;
Inability to gain employment by reason of age or physical or mental incapacity; or
For any other adequate reason.

Spousal Maintenance is different from Child Support and Adult Child Maintenance and might be payable in addition to these schemes. If you are uncertain of your entitlements, it is best to speak to spousal maintenance lawyers like our team here at Pullos.
 
How Do I Apply for Spousal Maintenance
It is best for both parties to reach an agreement outside of court before applying for spousal maintenance, also known as a pre-action procedure. Each party can choose to have spousal maintenance lawyers present, working with them as mediators or in collaborative practice. If both parties reach an agreement during this procedure, an application for consent orders must be filed. If there is no agreement, an application for spousal maintenance can be made to the court. Spousal maintenance lawyers, like Pullos, can assist with any court application paperwork.
 
Is There a Time Limit?
Although you can apply for spousal maintenance any time after your separation, there are time limits. You can apply if you have decided to separate but have not left the property, once you have separated or any time after. An application must be made within one year after the divorce for married couples and two years from the date the de facto relationship ended.
 
How Much Spousal Maintenance Should Be Paid?
There is no set amount for spousal maintenance, however, if the parties cannot reach an agreement, the party with potential entitlement can make an application to the Family Court. Here, both parties are assessed based on either their financial need or financial capacity. According to our spousal maintenance lawyers, the court will also consider “reasonable” day-to-day expenses of both parties, including but not limited to the following:

The capacity for employment;
The income, property and financial resources of both parties;
Whether either party is the primary carer for the child;
What is considered a reasonable standard of living;
The length of the relationship and what extent it has affected the earning capacity of the applicant;
Any financial agreements between the parties.

 
How is Spousal Maintenance Paid?
According to our spousal maintenance lawyers, a payment can be made in a variety of ways:

One-off lump sum amount;
Regular payments for a specific period, for example, weekly, fortnightly or monthly; and/or
Expenses such as accommodation, vehicle costs, health insurance, loan repayments or other household expenses.

 
How Long Am I Required to Make Payments?
The term of payments is generally determined on a case-by-case basis. Payments can either run for an indefinite period of time or a specific period of time with a set end date. Alternatively, spousal maintenance will end if the person entitled to support incurs improvements to their financial situation. Examples of financial improvement include marrying again or entering a new de facto relationship. It also ends if one’s earning capabilities improve.
 
Can Spousal Maintenance Lawyers at Pullos Help Me?
Our team of experienced spousal maintenance lawyers can advise you on both making or defending a spousal maintenance application. We also have experience in Divorce Law, Property Settlement and Mediation. Get in touch with our spousal maintenance lawyers in Brisbane or the Gold Coast today via email, or on (07) 5526 3646.
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Divorce or separation is often a stressful and difficult time, especially for families with young children. The primary concern for many parents is making arrangements for children to spend time with both parents, however, these arrangements can often lead to conflict. Enter Parenting Coordination Australia (PCA), a new legal practice that focuses on resolving these conflicts, co-founded by our very own Brisbane family lawyer, Cassandra Pullos. With years of experience in mediation, arbitration and parenting coordination, we asked Cassandra to explain the PCA process as well as the training program available to those looking to delve into this area of law.
What is Parenting Coordination Australia (PCA)?
Parenting Coordination Australia (PCA) is a team of leading parenting coordination practitioners who work with parents to achieve lasting solutions to manage conflict, implement parenting agreements, and adhere to court orders. Founded by our Brisbane family lawyer, Cassandra Pullos, and dispute resolution specialist, Dr Anne Purcell, parenting coordination is a child-centred process aimed to reduce the need for contravention and returning to court. The purpose of PCA is to help parents transition from being former partners in dispute, to co-parents who focus only on the children’s needs. Parenting Coordination Australia is the only database for practitioners currently available in Australia.
What Does a Parenting Coordinator Do?
A Parenting Coordinator (PC) works closely with both parents to help them uphold court orders and implement parenting agreements. They also assist with developing effective and lasting conflict resolution strategies and co-parenting decisions to ensure parents avoid exposing their children to these conflicts. Other functions of a Parenting Coordinator include reducing the stress for children when transitioning between homes, creating a more relaxed home environment, and helping children maintain a sense of security and trust with their parents. Our Brisbane family lawyer, Cassandra, hopes to promote positive relationships with parents and their children throughout the separation.
How Does Parenting Coordination Benefit Parents?
While the focus of Parenting Coordination Australia (PCA) is the children’s needs during a separation, there are many benefits for the parents. First of all, employing a Parenting Coordinator can help reduce the need for future litigation. A coordinator also helps facilitate ways in which both parents can play a positive, active role in their children’s lives. Parents are taught the necessary skills to manage their communication, anger and conflict resolution skills.
 
How Do You Become a Parenting Coordinator?
Our Brisbane family lawyer, Cassandra, travelled to North America to train as one of Australia’s first Parenting Coordinators. To obtain a qualification and begin working as a Parenting Coordinator, PCA runs regular training programs across Australia. While many of our certified practitioners are psychologists, social workers, mediators and family lawyers, no prior legal experience is needed to become a Parenting Coordinator. Upcoming course dates in Brisbane are 17 to 19th October 2019. During this three-day course, you will learn when to use Parenting Coordination as well as the limits of it. You will also learn all necessary theories, strategies and exercises needed for the role. Course rates for the full, three-day training are $2,850. Click here to enrol – enrolments close 15th October.
Speak to Our Brisbane Family Lawyer About Parenting Coordination
Cassandra, our Brisbane Family Lawyer has over 30 years’ experience as a Family Law Specialist. If you wish to learn more about becoming a Parenting Coordinator or would like to engage one of the country’s leading parenting coordinators, please get in touch. Pullos Lawyers also offers a variety of legal services to assist with Divorce, Property Settlement and International Family Law, on the Gold Coast and in Brisbane. To speak to one of our lawyers, contact us via our online form or call us on (07) 5526 3646 or (07) 3144 1641.
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Every year in May, Queensland marks Domestic and Family Violence Prevention Month (DFVP month) to raise awareness surrounding the social and personal impacts of domestic and family violence. Many events and activities take place across the state to show support and send a clear message that this form of violence is not tolerated. Domestic and family violence is often perpetrated in the home among loved ones and is one of the most serious human rights violations across Australia.  Domestic violence is no new issue in Queensland, and it is an issue that continues to be on the rise. At Pullos, we believe more needs to be done to tackle this matter, both legally and as a community.
 
What Is the Purpose of Domestic and Family Violence Prevention Month
Domestic and Family Violence Prevention Month not only brings awareness to this very serious issue, but it inspires ways to prevent further acts of violence within our state. It also aims to ensure those who are experiencing or have experienced domestic and family violence have access to help and support. People who abuse and/or use violence also need to take responsibility for their behaviour. Domestic and Family Violence Prevention Month prompts abusers to seek help for change, both attitudinal and emotional.
Domestic and Family Violence Prevention Month first came about when the Queensland Government requested an examination of the state’s domestic and family violence support systems. The Special Taskforce on Domestic and Family Violence in Queensland was established, and extensive research was conducted across the entire state, resulting in the 2015 report, Not Now, Not Ever. Recommendations were made to the Queensland government concerning improvements to the current system, as well as the prevention of any future incidents. Despite seeing many of these recommendations actioned over the last few years, several are still being ignored.
 
Key Facts About Domestic Violence
To understand the scale and seriousness of Domestic Violence in Australia, below are several alarming statistics from Domestic Violence Protection Centre Gold Coast Inc to show the severity of this issue.
– One in three Australian women has experienced physical violence since the age of 15
– Women are at least three times more likely than men to experience violence from an intimate partner
– Every year in Australia over 300,000 women experience violence – often sexual violence – from someone other than a partner
– Domestic or family violence against women is the single largest driver of homelessness for women
– Aboriginal and Torres Strait Islander women experience both far higher rates and more severe forms of violence compared to other women
While the majority of those who experience domestic and family violence in Queensland tend to be women, men are also victims. Despite gender, any form of domestic violence is unacceptable. If you are experiencing domestic and family violence, you can apply for a temporary Domestic Violence Protection Order, until a magistrate decides the application for a full domestic violence protection order. You can also call the police on 000, or DVConnect Helpline for emergency transport and accommodation, as well as crisis counselling.
More information can be found via the Queensland Government site.
 
Events Surrounding Domestic and Family Violence Prevention Month
Across Queensland, several awareness-raising events take place throughout Domestic Family and Violence Prevention Month.
Domestic and Family Violence Prevention month begins with a candle lighting ceremony to remember those who have died as a consequence of domestic and family violence. This remembrance ceremony is a time to reflect on the realities of domestic and family violence. You will find many organisations across the state hosting similar events to remember those who lost their lives.
Communities across Queensland host a variety of events throughout the month, from dinners, to art exhibitions and family days. The purpose of these events is to not only support and spread awareness as a community but to offer counselling and open discussions to those who have experienced domestic and family violence.
 
Advice from Pullos Lawyers
If you are a victim of domestic and family violence, please know that you are not alone and that it is important to speak up and approach someone who can help as soon as you are able to. A domestic violence lawyer can not only help ensure your safety and protection, but they can help you make a domestic violence order application to a Magistrates Court. At Pullos Lawyers, our team has many years of experience in all aspects of family law, including divorce law, de facto and same sex marriage law, and children’s issues on the Gold Coast and in Brisbane. To speak to one of our lawyers, contact us  via our online form or call us on (07) 5526 3646.
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Many emotional and complex issues can arise between partners who have separated and share a child, and there are many children’s issues that need to be considered. One question we are being asked with increasing frequency is, ‘How far away can I move with my child?’. Let’s investigate the laws regarding relocating with your child away from your ex-partner.
So, How Far Away Can I Move With My Child?
It’s understandable that you want the freedom to get on with your life after a separation or divorce. You may have found a new partner who lives in another state, or be pursuing a career opportunity in a different city within Australia or even another country overseas. If, however, this relocation means you will be moving your child away from their other parent, then the situation becomes complicated. There is no set geographical distance dictating exactly how far away you can move with your child, but but if that distance is deemed to significantly affect the other parent’s ability to have a meaningful relationship with the child, then the court will need to establish if the move is in the child’s best interests.
What Are Your Options?
The first step is to talk to the other parent to see if you can reach an agreement on the relocation. You may be able to negotiate longer holiday visits, for example. If the other parent does not agree to you moving away with your child, then you can apply to the court for permission to move. The other parent also has the option to apply for a court order to prevent the child moving away. In both situations, the court will assess what impact the move will have on the welfare of child.
Some Other Things to Consider
A court decision can take months or sometimes years, so you should factor this into your decision to relocate. If you do decide to move away with your child without a court order or the other parent’s agreement, it’s highly likely that you’ll have to return your child at your own expense. If a court order is in place, you will also need to obtain the consent of the other parent to take your child out of Australia even for a short holiday.
Access the Expert Help You Need
If you are considering a move away with your child, contact Pullos Lawyers for help with navigating this complex issue.
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