Legal Advice

Why You May Be Stopped Taking Your Children Abroad After Divorce

Jul 15, 2021 #Divorce, #Family Law, #Legal advice by Oh Family Law

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.

Legal Advice

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

Feb 4, 2021 #Drug crimes, #Legal advice, #Police Search by Oh Family Law

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 several actions that the police can take as part of their investigation. One of those is likely to be searches of your property, person, or both. When you 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, the police may ask you for permission, although they are not always obliged to do so. If you give them consent, it might be the case that once you have spoken to your lawyer, they advise you to withdraw your consent, which is permissible at any time.

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

Family Law, Legal Advice

3 Things to Look for When Choosing a Family Lawyer

Sep 10, 2019 by Oh Family Law

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:

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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Divorce Advice, Family Law, Legal Advice

Splitting Assets Post Separation – How Does It Work?

Jun 12, 2018 by Oh Family Law

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.

Family Law, Legal Advice

Getting a Partner Visa for Your Foreign Spouse

May 12, 2017 #foreign spouse, #partner visa by Oh Family Law

If you’re in a relationship with a foreign national then you might be considering bringing them back to Australia. While this is possible, it’s not always easy to do. For some people, the paperwork can be overwhelming, which is where a decent family lawyer can help. For other people, it’s simply understanding the process that’s difficult.

Ultimately, the most important thing that you need to do if you want to bring your foreign partner back to Australia is get them a visa. Depending on their nationality, this can be hard to do. However, it’s usually possible, especially if you can prove that you’ve been in a relationship for some time.

In this article we’ll outline the process of getting a partner visa for your foreign spouse (or spouse to be). We will also look at the ways a decent immigration or family lawyer can help you get your visa with the least amount of trouble possible.

Why Do I Need A Partner Visa?

If you’re in a serious relationship with a foreign national who doesn’t have residential rights in Australia then you will need to consider getting them a partner visa if you want them to move here. This is difficult, but it’s more than possible to do, especially if you’re willing to spend the time and money to do it right.

Although it’s hard to get a partner visa, it’s usually worth it. In many cases, it might be the only way for your spouse or partner to stay in Australia permanently. Unfortunately, there are usually a lot of conditions that you have to meet before you apply for a Australian spouse visa.

Commercial Law, Legal Advice

Understanding Data and Privacy – How Can a Commercial Lawyer Help?

Jan 18, 2015 #data and privacy by Oh Family Law

Many modern businesses are data driven, making decisions based on information collected from their customers, from the people who visit their websites, and from a range of other sources. However, the collection of such data carries with it a range of responsibilities.

As a business owner, it’s important to understand what responsibilities you have with respect to people’s data and privacy. If you don’t, you could quickly find yourself in trouble with the law. The experience of a commercial lawyer who is trained in consumer data and privacy law will be invaluable to you, and you should consider working with one to make sure that you’re not breaking any laws.

In this article we’ll have a quick look at big data – what is it, how is it used, and what are your responsibilities. We’ll also have a quick look at the ways a commercial lawyer can help you manage your data and privacy responsibilities.

What is meant by ‘data’?

In this sense, data means any information that you collect from or about people who interact with your business in some way.

You might collect this information without customers knowing – in which case you have to make sure that you’re not breaking any privacy laws. Alternatively, a lot of businesses collect data through things like customer satisfaction surveys.

OH Family Law