GWM Lawyers and Conveyancers
Welcome to the January 2003 edition of this Law Update Newsletter, informing friends and clients of GWM Lawyers and Conveyancers of changes in the law that might impact on their personal or business lives.
In this newsletter...
Nonsense!
The blokes seem to lose out.
It is tacitly accepted that the husband rights in custodial/residential issues with children are rarely equitable.
In 1997 the Family Court in B and B accepted that 84% of custodial parents were female.
Further, in a report by Easteal, Behrens & Yound "Relocation decisions in Canberra and Perth" 2000, 95% of custodial parents wishing to move away from the non-custodial parent or the place of former matrimonial co-habitation were female.
Recent anecdotal evidence from Family Court Judges suggest that 18 of the 20 most recent relocation cases relating to applications to move away from the place of co-habitation of the parents went in favour of the custodial or residential parent seeking the move. The general rule of thumb is, if you are male and the non-custodial parent of a child you have only limited rights in regard to decisions affecting where your child resides.
Read this article for more information on Custodial Decisions and Relocation of the Custodial Parent including the emotional issues of relocation.
For further advice and information relating to family law issues contact Bob Gillroy at GWM Lawyers and Conveyancers on (02) 6583 5266.
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Dodging the Debts
Transferring Property under the Family Law Act
For some time now people have attempted to avail themselves of the power of Family Court Rules by transferring property under a property settlement agreement in the Family Court to their spouse to avoid that property coming under attack from those to whom the assignor owes money. In the recent case of Green v. Schneller and Schneller those transfer arrangements have been threatened.
Read this article for more information on Share Property Arrangements in Family Law.
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The Family Law Act has recently been amended so as to clarify the position between the Family Law Act distribution of property but more particularly issues relating to the Proceeds of Crime Act, 2002.
Section 74 of the Family Law Act now requires the disclosure of any proceeds of crime order. A proceeds of crime order is normally made by application of the Director of Public Prosecutions pursuant to the Proceeds of Crimes Act, 2002.
If a Proceeds of Crime order has been imposed on property owned by a marital party then any proceedings for maintenance or property distribution of that marital party will be automatically stayed by the court pending the lifting of the order by the Director of Public Prosecutions or some appropriate court.
The family law proceedings can proceed in the absence of court order but only with the prior written consent of the Director of Public Prosecutions.
A stay is the formal suspension of court proceedings pending some condition being satisfied and in this instance it is the consent of the Director of Public Prosecutions.
For further information relating to family law matters or, alternately matters pertaining to Proceeds of Crimes Act, please contact Bob Gillroy on 6583 5266.
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DisclaimerThe contents of this email newsletter are designed to provide basic information on changes in the law only. The information provided is an overview of the changes mentioned and, as such, is intended as an alert rather than as advice to take any specific action. Nothing contained in this email, therefore, should be taken as legal advice and no specific action is advised in relation to any particular circumstance. Detailed questions are welcome either by email ( info@gwmlaw.com.au), by letter (PO Box 753 Port Macquarie 2444) or personal appointment (phone 6583 5266). For further information regarding any of the changes to the law mentioned in this email contact GWM Lawyers and Conveyancers at info@gwmlaw.com.au by email, write to us at PO Box 753 Port Macquarie 2444 or phone for a personal appointment on 0011 61(0) 2 6583 5266. You may also go to our website www.gwmlaw.com.au, click on " Areas of Law" and follow the email links to one of our expert staff.
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