Articles about Intervention Orders
Case Study: Family Law Successful Contested Divorce Hearing Combatting an Application for the Recission of a Divorce Order Court: Federal Circuit and Family Court of Australia Background and Facts In 1975, with the passing of then ground-breaking and new Family Law Act, Australia introduced the “no-fault” divorce. This allows a party to a marriage to […]
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Case Study: Intervention Order Successful Contested Hearing Contested IVO Hearing: Successful Outcome Court: Magistrates’ Court of Victoria at Sunshine Facts: This matter involves the Applicant making Personal Safety Intervention Order (“IVO”) applications, listing her children as Protected Persons, against the Respondent Wife and Respondent Husband. Our clients in this proceeding were the Respondent Wife and
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Information Update Family Law amid COVID19 Already within a matter of months, COVID-19 has upended the lives of children and families across the globe. School closures and movement restrictions are disrupting children’s routines and support systems. They are also adding new stressors on caregivers who may have to forgo work. Evidence and what to expect
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Parenting Matters Views of the Child in Parenting Matters Are the views of the child relevant to parenting orders? Under the Family Law Act 1975 (Cth) (“the Act”), the Court gains the power to make parenting orders that are binding on all parties involved. In so considering what Order would be in the “best interests
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Parenting Matters The Impact of Family Violence Upon Children How is Parenting Order made? Under Section 64B of the Family Law Act 1975 (Cth) (“the Act”), the Court gains the power to make parenting orders that are binding on all parties involved. In making such an order, under Section 61DA(1) of the Act, the starting
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Podcast Does Having a place help me get 50/50 custody? Dads Online Podcast One of our Principal Lawyers, Daniel Dalli, discusses with Dads Online some of the issues that arise after separation or divorce. This podcast focuses on whether having your own property will help you obtain greater care of your children. You can access
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Contesting an Intervention Order Intervention Orders Contesting the Order If the Respondent does not agree to the Intervention Order being made, and the parties do not agree on an undertaking, then the Respondent can contest the Intervention Order application. If the Respondent contests the Intervention Order, then the matter will move to the next stage
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The process of an intervention order Intervention Orders Application for an Intervention Order The first stage of an Intervention Order is for the Protected Person (or victim) to make an application to the court. There are 2 types of Intervention Order applications – police applications, and non-police applications. A police application occurs when the Protected
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Family Violence and Family Members Intervention Orders What is Family Violence? Family violence in Victoria is legally defined by Section 5 of the Family Violence Protection Act 2008. The law defines family violence very broadly and includes: Physical abuse (e.g. hitting, punching, slapping, kicking); Sexual abuse (e.g. sexual assault, rape, sexually coercive behaviour, sexually degrading insults); Emotional and
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Podcast Should I Stay in the Family Home Dads Online Podcast One of our Principal Lawyers, Daniel Dalli, discusses with Dads Online some of the issues that arise after separation or divorce. This podcast focuses on whether one party should stay in the family home until after settlement. You can access this podcast by clicking
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