Family Law

Child support

What is child support? Child support is a payment made by one parent to another to help meet the costs of raising a child after separation. The amount paid depends on the incomes of both parents and how much time the child(ren) spend with each parent on a month by month basis. Child support is …

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Vaccination of children what if one parent doesn’t agree?

Who gets to decide? When separated parents disagree about vaccinating their children, questions often arise about who has the legal authority to make the decision. Both parents usually share the responsibility for making important decisions about their child’s upbringing, including medical treatments like vaccinations. The primary consideration in regard to medical treatment is always what is …

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Contracting Out Agreements – A valuable estate planning tool

Contracting Out Agreements are commonly used to protect assets during a relationship, but they can also be powerful estate-planning tools. Contracting Out Agreements (often referred to as prenuptial agreements) are often viewed quite negatively. They can be seen as having one foot out of the door in a relationship. However, Contracting Out Agreements can be …

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Testamentary guardians

What is a testamentary guardian? A testamentary guardian is a person appointed by Will or Deed to help make important decisions about a child’s upbringing after a parent’s death. By appointing a testamentary guardian you are not appointing somebody to care for your child if you die. That is something quite different and cannot be …

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What happens when your partner passes away and you are not provided for in their Will?

The death of a loved one is never easy. There are all manner of things that need to be organised when your significant other dies, such as their funeral, as well as saying goodbye and grieving. The process can become even more complicated when issues regarding their estate and relationship property arise. It is not …

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Guardianship and directed blood donations – Baby W, COVID-19 vaccinations and blood products

On 7 December 2022, the High Court heard urgent arguments regarding a six month old baby (“Baby W”) who was in Starship Hospital and required heart surgery. The parents of Baby W were not consenting to the use of blood from people who had been vaccinated for COVID-19 in Baby W’s surgery, which required the …

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Ending a tenancy on short notice where family violence has occurred

Provisions in the Residential Tenancies Act 1986 (“Act”) that enable victims of family violence to leave a tenancy at short notice are in force and can be used, with the corresponding regulations coming into force on 29 December 2022. On 11 August 2021, changes to the Residential Tenancies Act 1986 took effect. These changes included …

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The difference between Enduring Powers of Attorney and PPPR Act orders

It is important to have Enduring Powers of Attorney (“EPOAs”) in place so that if an unexpected medical event happens the right people can look after you. If you lose your mental capacity and do not have EPOAs in place, it can be a costly, time-consuming and stressful process for your loved ones to legally …

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