Can I move my children away from their other parent?

Sometimes, after a separation or divorce, parents want to move to another town or city to have the support of their family or friends.

Moving with your children to another town, state or country is known as relocation. If moving is going to limit the time your children can spend with a parent or another significant person in their lives, a court may not give permission to move the children away.

The following is an example of how relocation is handled.

Jennifer and Justin (not their real names) split two years ago after a 13 year relationship. They have three children: Grace who is 12, Callum who is 10, and Jess who is seven years old. Jennifer and Justin’s separation was fairly amicable, and they obtained consent orders for the care of their children after a mediation. Justin and Jennifer agreed that the children would live with Jennifer, attend the nearby state school and see Justin on the weekends and for dinners during the week.

However, Jennifer has recently been offered a new job in Bundaberg, some 250kms away from Justin’s house. Can Jennifer leave and take the kids with her, even if Justin disagrees?

The answer is, it depends! Jennifer and Justin will have to go to mediation again to attempt to reach an agreement about the relocation of the children. If they can agree on a new arrangement, they could enter into a new parenting plan, or sign new consent orders that could be lodged with the Federal Circuit Court before Jennifer moves. This new plan may include longer stays with Justin over the school holidays to compensate for any time he loses with the children because of the move.

If Jennifer and Justin cannot come to an agreement about new arrangements for the children, either parent may apply to the Federal Circuit Court for an order. The Court will consider what living arrangements would be in the best interests of the children, and will take into account each parent’s need to move on with their lives after separation.

If Jennifer moves without consent from Jennifer or the Court, the Court may require her to return from Bundaberg with the children until an agreement has been reached, or the Court makes a decision.

The moral of this story is to seek legal advice before taking steps that will affect the time that your children regularly spend with their parents.

For more information about parenting plans, separation or mediation, call us at Cooroy Legal Centre on 5447 7637 or email us at admin@cooroylegalcentre.com.au. We have free family law information sessions on the third Tuesday of every moth between 5 and 7pm.

We will be happy to advise you.

What happens when there isn’t enough money in your estate?

When you make your will, you can’t know exactly how much money you will have to distribute when you die.

You might have a lot more than you do now, or you might have less.

So, what happens if you make a will now leaving “$400,000 to my daughter Donna” and “$200,000 to my brother Ian” but only have $300,000 when you die? Does Donna get the lot?

Unfortunately for Donna, but luckily for Ian, the answer is no.

First, your executor must pay your funeral and testamentary expenses out of the money you have left in your estate. Then, your executor must pay all secured and then unsecured creditors like your credit card bills and all outstanding debts before any legacy is paid to Donna or Ian.

If your funeral expenses and your debts require $30,000 to be paid from your estate, your executor would have $270,000 left.

Since your intention was that Donna would receive twice as much as Ian, Donna would then be paid $180,000 and Ian would receive $90,000.

It is not unusual for complicated situations to arise when a will is being administered. If you need help to make your will clear and uncomplicated, or assistance in administering an estate, call us on 544 77 637 or email Jessica Popple at jessica@cooroylegalcentre.com.au. She will be happy to help you.

No-one needs a lawyer if ex-partners can agree about how property and debts should be divided after separation.

Cooroy Legal Centre solicitor Megan Girvan said parties were free to reach their own agreements about how joint property would be shared after separation and divorce. Such agreements did not even need to be written down if ex-partners trusted each other to abide by them.

But what happens if parties can’t agree about what is fair? Ms Girvan said there no single formula used by courts to divide a couple’s property. “No one can tell you exactly what orders a court will make,” she said. “A decision is made after all the evidence is considered and the court decides what is just and equitable based on the unique facts of your case.”

The general principles applied during a property settlement case are the same for married people and de facto couples.

Ms Girvan said a court would:

work out what property a couple had, no matter whose name it was in, and what they owed; thenlook at the direct financial contributions by each party to the relationship, such as wage earnings; andconsider indirect financial contributions by each party such as gifts and inheritances from families;looking at the non-financial contributions such as childcare and homemaking; and thentake into account things like age, health, financial resources, a need to care for children and ability to earn.

“Your property settlement will probably be different from others you may have heard about, because everyone’s circumstances are different,” Ms Girvan said.

“Sometimes, what would be fair in your neighbour’s case might not be fair for you.”

Married people have up to 12 months to apply to a court for a property settlement after a divorce is granted, while de facto couples must apply within two years of their relationship breaking down.

“If you do not apply within these time limits, you will need special permission of a court. This is not always granted,” Ms Girvan said.

“If people can’t reach agreement, they need to get expert advice well before these time limits expire.”

Ms Girvan said that dividing property after separation was not a task for the faint-hearted. “And most people are a bit faint-hearted after a separation, so it pays to seek some guidance early. That way, you have time to negotiate a settlement that is fair and appropriate for you. “

For more information, call us on 54477 637, or email us at admin@cooroylegalcentre.com.au