Author: Oh Family Law

Why You May Be Stopped Taking Your Children Abroad After Divorce

Most of us might take for granted taking our children abroad for holidays, not withstanding pandemics and travel restrictions making it a lot more difficult than normal sometimes. However, family lawyers are often needed due to a parent being confronted with a scenario that they are being stopped from taking their child or children overseas.

The legal position for divorced parents with children makes taking them abroad, more than a case of grabbing their passports and flying off to countries around the globe. It can be a situation which needs to be dealt with correctly, otherwise, not only will those overseas trips with their children not happen, a parent could end up in serious trouble if they attempt them, contrary to any court orders.

In the vast majority of divorces, parents are given joint responsibility for the children, and whilst they may live permanently with one of those parents, the other has as many rights with regards to overseeing their health, education, and well-being.

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5 Types of Assault Offences And Their Definitions

When the word ‘assault’ is used to describe an offence, it is normally used as a general term. The reason we say that is there are actually several specific offences of assault, and criminal lawyers are likely to be required to represent someone charged with any one of them.

As a general definition of assault, it is normally regarded as touching, striking, moving, or applying force to someone. This can be done indirectly or directly, and it has to occur, either without the consent of the victim, or in a situation where consent was given, but was obtained fraudulently.

One error people make when thinking about the offence of assault is that they assume that physical harm must have been caused to the victim. Merely threatening assault or being capable of carrying out assault is sufficient for a crime to occur.

In situations where assault has occurred domestically, where a child was present, the person assaulted was over 60, there is racial motivation for the assault or the assault broke the terms of a restraining order, this is classed as aggravated assault.

As we mentioned there are different categories of assault which are each classed as crimes in their own right, so let us explore them in more detail.

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The Law Relating To The Police’s Powers To Search Your Property For Suspected Drug Crimes

If you use drugs and take the risk of keeping those drugs in your possession regularly then the chances are that at some stage you will be stopped by the police. Even if you claim to be in a drug rehab program and are trying to get off drugs, it is unlikely to cut you any slack from the police who may arrest you for possession of drugs, or if they suspect you intended to sell them, with the supply of drugs.

When you are arrested for a crime, including for a crime related to the possession of drugs, there are number of actions that the police can take as part of their investigation. One of those is likely to be searches of your property, your person or both. when war use the term property, that can mean your home, your business premises, if you own them, or your vehicle.

Whether they wish to search your property or person, they police may ask first you for permission first, although they are not always obliged to do so. If you give them you consent, it might be the case that once you have spoken to your lawyer, that they advise you to withdraw you consent, which is permissible at any time.

You should be aware, that even if you do withdraw you reconsent there are certain circumstances where the police will still have the right to conduct a search of your property or your person.

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Top Tips to Get the Most Out of a Separation

As sad as it is, the simple statistics show that more than one in three Australian marriages end in divorce. In many cases, these divorces come with long, complicated court proceedings dealing with asset division, child custody, and various other things.

Hiring a family lawyer will help you get the most out of your separation. If you’ve worked hard to acquire your belongings, you shouldn’t just give them up without at least some sort of fight.

Below, we’ve listed a selection of tips to help you get the most out of your separation, despite it being an unpleasant, time-consuming experience.

Choose Your Lawyer Carefully

If you want to ensure you get a fair settlement, it’s extremely important to use a high-quality family lawyer with experience in divorce and separation cases. Doing this will help make sure you get the results you expect.

As I’m sure you can imagine, qualified family lawyers will be familiar with the entire divorce and/or separation process. They will be able to advise you on the best course of action, helping you develop a long-term game plan to ensure you get the settlement you deserve.

Think of Your Ex-Partner as a Business Connection

It’s extremely important to ensure you’re professional and careful about what you say and do when you’re working through a separation. One solid tip of experts from mediation services, is to treat your ex like you would a business colleague or an important connection.

Ultimately, you want to portray yourself as the better person here to ensure you’re treated fairly in the family court.

Keep Your Documents in Order

Various different documents can play a huge role in determining the outcome or a divorce or separation case. It’s therefore extremely important to ensure you’re in control of your paperwork.

There are numerous things you should think about getting together as soon as divorce proceedings become a reality. Try to get hard copies of bank statements, tax returns, and any other major legal and/or financial documents you can think of.

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Five Tips for Choosing the Best Divorce Lawyer

If you’re ever unlucky enough to have to go through a serious separation, you will likely need to hire top quality family lawyers. They will be able to guide you through the separation process, dealing with your legal obligations and advising you on the best course of action throughout.

However, it’s important to realise that not every divorce lawyer is equal. Although there are plenty of options out there, you need to do your research to ensure you’re always covered by the best legal advice and counsel.

In this article, we’ve outlined our top five best tips for choosing the right divorce lawyer for your needs. These include:

  1. Create a Shortlist

The first thing you should do on your search for the best divorce lawyer is create a shortlist of potential candidates. Spend some time doing research online, read reviews, and speak with friends and family to see if they have any recommendations.

Then, take the most likely candidates and list their firm and phone number. You will be using this list for future reference.

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5 Tips for making an Unfair Dismissal Claim in Australia

If you’re an Australian who feels like you’ve been fired without good reason, you may be able to make an unfair dismissal claim with the Fair Work Commission. In general, an unfair dismissal occurs when you’re fired without warning or reason, when you’re fired due to something unrelated to your job or workplace, or when you’re fired due to performance issues without being given an opportunity to resolve the problem.

However, making a claim can be slightly complicated, which means you need to be as prepared as possible before you start. In the rest of this article, we’ve covered our top five tips to maximise your chances of a successful claim.

  1. Speak to a Legal Professional

Generally, the first thing you should do is determine whether you have a strong case or not by speaking with a legal professional. Free legal advice is provided to eligible people through the Fair Work Australia website. Alternatively, you could speak to an experienced employment lawyer.

  1. Be Prepared to Settle

The vast majority of unfair dismissal claims in Australia are settled out of court, which means you should be prepared to negotiate with your former employer. Out of court settlements can include:

  • Financial payouts.
  • Reinstatement to your former position.
  • The return of property or other belongings.

Anything else you and your former employer agree on.

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5 Things To Consider Before Getting Married

The legalities of marriage can be complicated and confusing, and it’s a good idea to make sure that you’re aware of your obligations before you commit to any relationship. I’d recommend speaking with a good lawyers, such as Family Lawyers Perth, to make sure that you know just what’s required of you.

To help you get an idea about some of the things you need to think about, I’ve put together this list of the top five things to consider – in a legal sense – before getting married. As always, this isn’t and shouldn’t be treated as legal advice. Make sure that you do your own research before making any major decisions.

  1. Prenuptial agreements

Although some people won’t even consider prenuptial agreements, I’d recommend at least touching on the subject with your partner.

A prenuptial agreement basically allows you and your partner to keep your finances separated to some extent, which makes things easier in the case of a divorce or separation.

You should definitely consider a prenuptial agreement if one partner is entering the relationship with significantly more assets than the other.

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3 Things to Look for When Choosing a Family Lawyer

Choosing the right lawyer like Adelaide family lawyers for your case can be crucial for your success. It doesn’t really matter if you’re going through a divorce, fighting a custody battle or trying to agree on a fair spousal maintenance amount, family lawyers can help.

We understand that it can sometimes be hard to choose the right lawyer for your case. To help you make your decisions, we’ve put together a quick list of the top three things to look for when searching for a family lawyer. They include:

  1. Proof of previous experience

It’s obviously extremely important to make sure that you choose a lawyer with experience in your field. Failing to do so can lead to a range of problems, including results that aren’t really what you’re expecting.

Most family lawyers will happily provide you with details of previous cases that they’ve worked, especially if it’s likely to lead to you choosing their services. Narrow down your choices to a select group of lawyers and ask for evidence of their experience before making any major choices.

You should also ask them for any qualifications that they’re got above a simple law degree. A lawyer who has specialised and done further training in a certain field is likely to be a better choice.

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How Can A Lawyer Help With An Overseas Child Custody Dispute?

Resolving international child custody disputes can be extremely difficult, largely due to the fact that different countries have different family law systems. Finding a lawyer who has the skills and experience to take on your case can be hard enough, and the costs of international disputes can range to tens of thousands of dollars.

Ultimately, the best thing to do if you’re considering opening an international child custody dispute will be to speak with Family Lawyers Perth. They will be able to give you advice on the best way to proceed, helping you make informed decisions based on international law.

When do international custody disputes arise?

Ultimately, international child custody disputes are complicated matters which need to be treated individually. Custody disputes can arise in a number of circumstances, but there are two which are common:

  1. When a child is born to parents from different countries who then separate and can’t agree which country the child should be raised in.
  2. When two parents separate and one attempts to take custody of their children by moving overseas, hoping that the law won’t follow them.

Fortunately, there are conventions in place which are designed to simplify child custody disputes and make things easier for estranged parents.

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Splitting Assets Post Separation – How Does It Work?

Separating from a partner can be difficult on both a mental and an emotional level. However, separations usually involve more than just splitting up with your significant other – in many cases, you will have to figure out some method of splitting assets.

Employing a decent family lawyer is a good idea when it comes to dividing your assets post-separation. However, a lot of people don’t realise just how the asset division process works, and are therefore taken advantage of unknowingly.

With this in mind, we’ve put together a brief summary of how asset division post separation works. Remember, everything below is meant only as a guide – make sure that you speak to a decent lawyer before making any binding decisions.

Under What Circumstances Will Our Assets Have To Be Separated?

Generally, you and your former partner will have to come to some agreement about the separation of your assets when you’ve either been married or are considered to have been in a de facto relationship. The exact circumstances surrounding de facto relationships can be unclear, so it’s a good idea to seek clarification from your local family lawyer.

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