Family Law

Separation can be an emotional, confusing and stressful stage in life which can cause major life decisions in relation to children, property and finances.

At Johnstone Crouse Lawyers we understand the importance of these decisions and the need to not stress about your legal team’s capability, experience and responsiveness.

Our legal team aim to provide objective and informative legal advice to resolve matters as quickly and cost effectively as possible.

Family Court Act 1997 (WA) is the relevant legislation that applies to de facto relationships in Western Australia.

If you are in a de facto relationship, you have separated from your partner and there are disputes about your property and financial matters, you must commence proceedings in the Family Court of Western Australia within two (2) years from the date of separation.

Going through a divorce can be a difficult time for all involved with emotions and stress often running high. Understanding the process of divorce and the required initial steps can be overwhelming.

Our team of experienced divorce lawyers in Perth have an in-depth understanding of the process and challenges involved, and can help guide you through your divorce.

What is the divorce process in Western Australia?

The Family Law Act 1975 is the relevant legislation that applies to marriages relationships throughout Australia.

Divorce only deals with the ending of a marriage. Parenting arrangements and property matters are dealt with by the courts separately. Please see Child Custody and Parenting Arrangements and Property Settlement for more information on these areas.

In Australia we have a no-fault divorce jurisdiction. This means that the Court does not consider why the marriage ended.

The main steps to obtaining a divorce are:

Step 1 – Separation

• You must be separated from your partner for at least 12 months; and
• You can be separated under the same roof.

Step 2 – Prepare your Documents

• Copy of marriage certificate;
• If you were marriage overseas and your marriage certificate is not in English, you must obtain an English translation;
• If you were married for less than 2 years, you must attend counselling and obtain a counselling certificate; and
• If you were separated but continued living together (i.e., separation under one roof) you must submit evidence of your separation.

Step 3 – Complete and File your Application for Divorce

• The Application for Divorce can be completed on the eCourts Portal of Western Australia either jointly or solely;
• If you have children under the age of 18, you must inform the Court that there are arrangements in place for their care;
• You must sign you application and the Affidavit of eFiling before a Justice of the Peace or Lawyer;
• You must pay $940.00 for the filing fee ($310.00 if you have an eligible concession card); and
• You must select a date and time for the divorce hearing.

Step 4 – Serve the Application on your partner

• If you have filed a sole application, and your partner is in Australia, you must serve a copy of your application, the Marriage and Families and Separation brochure at least 28 days before the hearing;
• If you have filed a sole application, and your partner is overseas, you must serve a copy of your application, the Marriage and Families and Separation brochure at least 42 days before the hearing;
• You must file an Affidavit of Service to prove that your partner has received your application; and
• If you have filed a joint application, you do not need to serve the application.

Step 5 – Divorce Hearing

• At the divorce hearing the Registrar determines if your marriage has irretrievably broken down and if the parties have been separated for at least 12 months prior to the application;
• If you have children under the age of 18 or made a sole application, you must attend the hearing; and
• If you have children under the age of 18 and made a joint application, you do not need to attend the hearing.

Step 6 – Divorce Granted

• If your divorce is granted at the divorce hearing, it will become official one month and one day after the divorce hearing;
• You will receive your Divorce Order in the mail from the Family Court approximately 6-8 weeks after your divorce hearing; and
• Between your divorce hearing and your divorce becoming official, you are not permitted to legally marry another person.

Contact our office to discuss your divorce application with one of our highly qualified lawyers.

Can I oppose or contest my divorce?

There are two primary ways to oppose a divorce. You can oppose a divorce if:

• the separation date is in dispute and is less than 12-months; or
• the Court does not have jurisdiction.

Outside of this, there are limited circumstances in which you can challenge a divorce application.

To oppose a divorce, you will need to complete a Response to Divorce within 28 days of the application being served on you. You will also need to attend the divorce hearing. If you do not attend the hearing, the Court may decide to grant the divorce in your absence.

Are there time limitations?

For married couples the time limitation to finalise property proceedings is within 12 months of the date of the Divorce Order becoming final. If property settlement has not taken place by that time (or proceedings commenced at the Family Court) then you will need to seek the leave of the Court to make an application out of time.

A property settlement is the process of splitting the property and financial affairs of parties to a marriage or de facto relationship after separation.

Our family law team in Perth have the skills, experience, and sensitivity to assist you through what can be a difficult, emotional, and complicated process.

There are two main ways of severing all financial ties with your partner:

Form 11 – Application for Consent Orders

• If you and your partner have reached an agreement about property settlement, Johnstone Crouse Lawyers can assist you in solidifying your agreement by filing a ‘Form 11 – Application for Consent Orders’ and a ‘Minute of Final Orders Sought’.

Form 1 – Initiating Application

• If you and your partner are not able to reach an agreement about property settlement, Johnstone Crouse Lawyers can assist you in commencing proceedings in the Family Court of WA by filing a ‘Form 1 – Initiating Application’.

In determining the division of property and financial matters, the Court considers the following:

Step 1 – Asset Pool

• Both parties’ assets and liabilities are considered; and
• The net asset pool can include joint and separately owned assets, including:
  • Real estate properties;
  • Motor vehicles;
  • Businesses;
  • Trusts; and
  • Funds in bank accounts.

Step 2 – Contributions

• Both parties’ contributions are considered; and
• There are three types of contributions:
  • Financial contributions;
  • Non-financial contributions; and
  • Homemaker and caretaker contributions.

Step 3 – Future Needs

• Both parties’ future needs are considered; and
• Future needs include each party’s:
  • Age;
  • Health;
  • Income;
  • Earning capacity;
  • Financial resources; and
  • Care of children under the age of 18.

Step 4 – Just and Equitable

• With the above 3 steps in mind, the Court considers whether the proposed percentage split is just and equitable to both parties.

Johnstone Crouse Lawyers can make property settlement seamless.

Our team of family lawyers have the expertise and skills to assist you with your property and financial issues. We are focused on getting the best outcome for you and aim to resolve disputes as amicably and cost-effectively as possible.

A Binding Financial Agreement is essentially a private contract that enables a couple to decide between themselves the division of assets if the relationship ends.

You may decide to enter into a Binding Financial Agreement if you:

• have children from a previous relationship;
• have valuable assets you want to protect such as property and shares;
• own your own business;
• will receive a significant inheritance;
• have relatives who are dependent on you; and/or
• are the beneficiary of a trust.

You can enter into a Binding Financial Agreement before, during or after the breakdown of a marriage or de facto relationship.

Advantages

• Saving time and expense associated with Court proceedings, including trial;
• Providing certainty and security as to what will happen if the relationship ends;
• Protecting certain assets from future claims by a partner, such as inheritance; and
• Preserving certain assets, for example the family home by keeping the property separate from any joint property so children can continue to live in the home.

Disadvantages

When signing a Binding Financial Agreement, you should be aware of the following:

• There are technical requirements to ensure an agreement is valid and getting it wrong could invalidate it;
• The Family Court has the power to set aside a Binding Financial Agreement in certain circumstances including:
  • fraud;
  • if the agreement doesn’t meet the legal requirements and is unenforceable;
  • a change in circumstances makes the agreement irrelevant; or
  • financial hardship in certain circumstances.
• A Binding Financial Agreement can suggest a lack of trust or a lack of confidence in the relationship. Raising it with your partner may be difficult but in the long run will ensure your future financial security.

If you are still unsure of whether a Binding Financial Agreement is right for you, contact us to discuss your options.

Johnstone Crouse Lawyers can assist you if you have a child/ren under the age of 18 and you cannot reach agreement about his/her care arrangements with your partner.

There are two main ways you can deal with parenting matters:

• Form 11 – Application for Consent Orders:
  • If you and your partner have reached an agreement about property settlement, Johnstone Crouse Lawyers can assist you in solidifying your agreement by filing a ‘Form 11 – Application for Consent Orders’ and a ‘Minute of Final Orders Sought’.
• Form 1 – Initiating Application
  • If you and your partner are not able to reach an agreement about property settlement, Johnstone Crouse Lawyers can assist you in commencing proceedings in the Family Court of WA by filing a ‘Form 1 – Initiating Application’;
  • You must attempt mediation and obtain a 60i Certificate before commencing proceedings; and
  • If you cannot obtain a 60i Certificate, contact us to discuss your options.

When dealing with parenting matters the best interest of the child/ren must be regarded as the paramount consideration.

The presumption is that it is the best interest of the child/ren for his/her parents to have equal shared parental responsibility. This presumption does not apply if there are reasonable grounds to believe that the child/ren have been or are at risk of child abuse or family violence.

If you have concerns for your child/ren’s safety while in your ex-partner’s care, contact us to discuss your options.

The purpose of a restraining order is to protect a person form certain behaviour, such as threats, intimidation, violence or the threat of violence, emotional abuse or stalking.

Restraining orders make it crime for the person bound by the order to contact or approach the person protected by the order.

Types of restraining orders

• Family Violence Restraining Orders (“FVRO“);
• Violence Restraining Order (“VRO“); and
• Misconduct Restraining Order (“MRO“).

FVROs apply in circumstances where the parties are in a family relationship and are designed to stop future acts of family violence by one person against another person.

VROs and MROs apply in circumstances where the parties are not in a family relationship. VROs are designed to stop future acts of personal violence by one person against another person. MROs are designed to stop a person behaving in a way that is intimidating or offensive towards another person.

Applying for a restraining order

An application for a restraining order can be made by the person seeking protection or in some cases by a person on behalf of that person.

The person seeking protection can choose whether or not to have the application heard in absence of the other party.

Once an application for a restraining order is made, the court will fix a date for the hearing of the application.

Objecting to a restraining order

When an interim restraining order is made, the person bound by the interim restraining order has 21 days within which to object to the interim restraining order otherwise the interim restraining order will be made final.

Once the person bound by the interim restraining order has objected to the interim restraining order, the court will fix a date for a trial.

Separation can be an emotional, confusing and stressful stage in life which can cause major life decisions in relation to children, property and finances.

At Johnstone Crouse Lawyers we understand the importance of these decisions and the need to not stress about your legal team’s capability, experience and responsiveness.

Our legal team aim to provide objective and informative legal advice to resolve matters as quickly and cost effectively as possible.

Family Court Act 1997 (WA) is the relevant legislation that applies to de facto relationships in Western Australia.

If you are in a de facto relationship, you have separated from your partner and there are disputes about your property and financial matters, you must commence proceedings in the Family Court of Western Australia within two (2) years from the date of separation.

Recovery Orders require a child/ren to be returned to into the care of:

• One of the child/ren’s parents; or
• A person who has parental responsibility for the child/ren or parenting orders.

If you are one of the above people and the child/ren have been taken away from your care and it is in the best interest of the child/ren to be returned, you can contact us to assist you with making an application for recovery orders.

The process in obtaining a recovery order is:

• Step 1 – Complete a ‘Form 1 – Initiating Application’ or ‘Form 2 – Application in a Case’
  • If there are parenting orders already in place, you must file a ‘Form 2 – Application in a Case’ and Affidavit in support;
  • If there are no parenting orders in place, you must file a ‘Form 1 – Initiating Application’ and ‘Case Information Affidavit’;
  • There are specific orders required to be sought in the application, such as involvement of the police to collect the child/ren;
  • Depending on the situation, you may need to write a covering letter with your application and inform the court about urgency of the application; and
  • You do not need to attempt mediation or obtain a 60i Certificate because of the urgency of the application.
• Step 2 – Service
  • You are required to serve the application on the other party, however, sometimes the nature of the recovery order makes it impossible to do so; and
  • This depends on the urgency of the matter and the Family Court sometimes will notify you once they have considered your application.
• Step 3 – Hearing
  • Depending on the urgency of the matter, the Family Court will allocate a hearing date;
  • The Court may make an order for the child/ren to be returned to your care at a specific time and place; and
  • The Court may authorise or direct the police to collect the child/ren and return him/her to your care.

My ex-partner has taken my children overseas, can I get them back?

Australia has an agreement with some countries to return abducted children to their country of residence.

See a full list of the countries that are part of the agreement with Australia here.

If you ex partner has taken your children to a country that forms part of the agreement with Australia, then it is possible to obtain an order in an Australian Court that can be enforced in that country.

Contact us to discuss your options and how we can assist you.

Our team understands the urgency of these situations. We will handle your matter with sensitivity and responsiveness, giving you comfort and confidence during this emotional and stressful time.

Our Perth family lawyers can assist you in making or responding to an application for a recovery order. Time is often critical, and our team has the resources and capability to work 24/7 if necessary to ensure you get the legal support and advice you need.

Child Relocation Issues Perth

There are many reasons a parent may want to relocate after separation or divorce.

However, there are a number of considerations that must be taken into account when relocating if children are involved.

While the interests and desires of the parent seeking to relocate with a child will not be ignored by the Court, the main consideration for the Court will be the child’s best interests. This includes the child’s “right” to maintain a relationship with both parents.

Our family law team in Perth are highly experienced in all aspects of relocation and understand the importance of both having the freedom to relocate and having a relationship with your children.

Can I move away with my child after separation?

Relocating after separation will depend on various factors, such as:

• Whether the relocation will be intrastate, interstate or international/overseas;
• The reason for relocating, for example:
  • financial improvement;
  • greater professional opportunities;
  • career advancement;
  • improved lifestyle;
  • stronger family support base; and
  • re-partnering or future marriage.
• The age of the child or children;
• The needs of the child or children; and
• Whether there a possibility for both parents to relocate.

How far can I move away with my child?

There is not necessarily a limit on where a parent can relocate to.

In some cases relocating from one suburb to another my be an issue and in other cases relocation overseas have been permitted.

Relocation cases are heavily dependent on the circumstances of each case.

Do I need permission to move interstate or overseas with my child?

You do not need permission from your ex partner to relocate, but requesting their permission is the starting point.

If your ex partner does not give permission to relocate, you will need to make an application to the Court to relocate.

Regardless whether the relocation will be intrastate, interstate or international/overseas, the Court will:

• Look at what is in the best interests of the child as the most important (but not the only) consideration;
• Examine the options or proposals each person has made for the arrangements for the child; and
• Consider the reason for the proposed move.

I don’t know where my children are, what can I do?

If you are unable to find out where your ex partner relocated to with your children from your own searches such as your family and friends, an urgent application can be made to the Court for a location order or a Commonwealth Information order. This will involve a notice being sent out to various government departments to locate your ex partner and children.

If your children have passports and you are concerned that your ex partner might be in the process of relocating overseas, an urgent application can be made to the Court to place your children on an airport watchlist to prevent your children from leaving Australia.

If your ex partner has relocated with the child without your permission or an order form the Court, then you can make an application for a recovery order.

A recovery order is an order made by the court requiring the return of a child.

How can Johnstone Crouse Lawyers help with relocation issues?

Our team of family lawyers in Perth  can help assess your situation and work with you to negotiate a satisfactory relocation outcome for yourself and your children. If necessary, we can assist you in making or responding to a relocation application to the Family Court.

Mother’s Rights Perth

The end of a marriage or separation is a difficult and emotional time for many women. For mothers there is often added stress and worry about who their children will live with, where they will live, what financial support will be available and how decisions about the ongoing care of their children will be made.

Many mothers are concerned they may not be entitled to finances and assets from the marriage, particularly if they have not worked and earned an income during the marriage in order to stay at home to take care of their children.

We understand the rights and entitlements of women and mothers in Western Australian. Our family lawyers in Perth and Joondalup will assist and support you in obtaining the best outcome for you and your children.

Divorce and Separation Advice for Women – What you need to know

Divorce and separation are actually two different issues in the eyes of Australian law.

Divorce

Divorce can only occur after you have been separated for at least 12 months and you must apply to the Courts to be divorced. You cannot apply for a divorce prior to 12 months of separation.

You are legally free to remarry once your divorce is finalised, which is one month and one day after your divorce is granted.

Separation

Separation is when you or your partner informs the other that the marriage or relationship is over. You do not have to wait for a specified time to commence property settlement negotiations or make parenting and child support arrangements.

As soon as you make the decision to separate from your husband or partner, there are some important steps you should take:

• Seek advice early from an experienced family lawyer.
• Copy and gather all your important financial and other documents such as bank statements, insurance policies, mortgage documents, suppuration statements, wills, etc.
• Change your passwords, pin numbers and security questions on all your online personal accounts.
• Pay off or close all joint accounts, if possible, or limit redraw facilities and don’t add any money to join accounts.
• Don’t post negative comments or images about the relationship or your partner on social media or email.
• Keep track of your husband’s residential and/or work address, even if you no longer communicate regularly. This is important so the divorce application can be personally served as required by legislation. Not being able to serve the documents can cause significant delays in finalising your divorce.

Most importantly, try to keep your children’s routines as normal as possible. This will be a difficult period for them and they need stability. Try not to argue or bad mouth your partner in front of your children and always put your children first.

What are the child custody rights for mothers?

Over time as gender roles have changed the assumption that the mother will obtain full custody of children is no longer the case.

The Courts look at the “child’s best interests” when deciding who will have the the day to day care and control of the child. The “child’s best interests” may, however, change over time and require a change in his/her living arrangements.

If I divorce my husband what am I entitled to?

Your entitlements are based upon an assessment of the asset pool of the marriage or relationship and your contributions to it. Contributions consist of initial and post separation contributions as well as any financial and non-financial contributions during the relationship.

The assessment will result in a percentage split of assets which will be the outcome of your property settlement.

Am I entitled to child support?

Child Support, also known as child maintenance, is a regular monetary payment to the primary carer from the other parent for the financial benefit of the child.

To find out if you are entitled to child support, you will need to make an application to the Department of Human Services – Child Support Agency to have your assessment processed. When assessing for child support, the Child Support Agency will consider various factors including you and your partner’s income, the ages of your children and how many overnight arrangements your children have with each parent.

You can also look into a Binding Child Support Agreement which will provide regular payments to the primary carer as well as cover expenses such as educational fees, sporting registrations, medical expenses and any other type of expense that can be shared.

Learn more about Child Support here.

Am I entitled to Spousal Maintenance?

Spousal maintenance is different to child support. Child support benefits the children whereas spousal maintenance benefits the spouse.

Applications for spousal maintenance must be made through the Family Court.

Each case is different as it is not just based on your financial needs, it is also based upon our partner’s capacity to pay. There are many factors the Court needs to consider before making a spousal maintenance order.

If you are granted a spousal maintenance order, this can be as a periodic payment over a short period of time or a lump sum payment which can also be included in your property settlement.

Family Lawyers for Women

Johnstone Crouse Lawyers have worked with many women and mothers and understand the challenges you face. We can accommodate your specific needs during this emotional journey.

Our family lawyers in Perth and Joondalup can assist and guide you to ensure your matter is settled efficiently and with compassion and sensitivity.

Mother’s Rights Perth

The end of a marriage or separation is a difficult and emotional time for many women. For mothers there is often added stress and worry about who their children will live with, where they will live, what financial support will be available and how decisions about the ongoing care of their children will be made.

Many mothers are concerned they may not be entitled to finances and assets from the marriage, particularly if they have not worked and earned an income during the marriage in order to stay at home to take care of their children.

We understand the rights and entitlements of women and mothers in Western Australian. Our family lawyers in Perth and Joondalup will assist and support you in obtaining the best outcome for you and your children.

Divorce and Separation Advice for Women – What you need to know

Divorce and separation are actually two different issues in the eyes of Australian law.

Divorce

Divorce can only occur after you have been separated for at least 12 months and you must apply to the Courts to be divorced. You cannot apply for a divorce prior to 12 months of separation.

You are legally free to remarry once your divorce is finalised, which is one month and one day after your divorce is granted.

Separation

Separation is when you or your partner informs the other that the marriage or relationship is over. You do not have to wait for a specified time to commence property settlement negotiations or make parenting and child support arrangements.

As soon as you make the decision to separate from your husband or partner, there are some important steps you should take:

• Seek advice early from an experienced family lawyer.
• Copy and gather all your important financial and other documents such as bank statements, insurance policies, mortgage documents, suppuration statements, wills, etc.
• Change your passwords, pin numbers and security questions on all your online personal accounts.
• Pay off or close all joint accounts, if possible, or limit redraw facilities and don’t add any money to join accounts.
• Don’t post negative comments or images about the relationship or your partner on social media or email.
• Keep track of your husband’s residential and/or work address, even if you no longer communicate regularly. This is important so the divorce application can be personally served as required by legislation. Not being able to serve the documents can cause significant delays in finalising your divorce.

Most importantly, try to keep your children’s routines as normal as possible. This will be a difficult period for them and they need stability. Try not to argue or bad mouth your partner in front of your children and always put your children first.

What are the child custody rights for mothers?

Over time as gender roles have changed the assumption that the mother will obtain full custody of children is no longer the case.

The Courts look at the “child’s best interests” when deciding who will have the the day to day care and control of the child. The “child’s best interests” may, however, change over time and require a change in his/her living arrangements.

If I divorce my husband what am I entitled to?

Your entitlements are based upon an assessment of the asset pool of the marriage or relationship and your contributions to it. Contributions consist of initial and post separation contributions as well as any financial and non-financial contributions during the relationship.

The assessment will result in a percentage split of assets which will be the outcome of your property settlement.

Am I entitled to child support?

Child Support, also known as child maintenance, is a regular monetary payment to the primary carer from the other parent for the financial benefit of the child.

To find out if you are entitled to child support, you will need to make an application to the Department of Human Services – Child Support Agency to have your assessment processed. When assessing for child support, the Child Support Agency will consider various factors including you and your partner’s income, the ages of your children and how many overnight arrangements your children have with each parent.

You can also look into a Binding Child Support Agreement which will provide regular payments to the primary carer as well as cover expenses such as educational fees, sporting registrations, medical expenses and any other type of expense that can be shared.

Learn more about Child Support here.

Am I entitled to Spousal Maintenance?

Spousal maintenance is different to child support. Child support benefits the children whereas spousal maintenance benefits the spouse.

Applications for spousal maintenance must be made through the Family Court.

Each case is different as it is not just based on your financial needs, it is also based upon our partner’s capacity to pay. There are many factors the Court needs to consider before making a spousal maintenance order.

If you are granted a spousal maintenance order, this can be as a periodic payment over a short period of time or a lump sum payment which can also be included in your property settlement.

Family Lawyers for Women

Johnstone Crouse Lawyers have worked with many women and mothers and understand the challenges you face. We can accommodate your specific needs during this emotional journey.

Our family lawyers in Perth and Joondalup can assist and guide you to ensure your matter is settled efficiently and with compassion and sensitivity.

Father’s Rights Perth

Fathers are often anxious in the event of separation from their partner, worried about whether they will be able to spend time with their children. Many fathers want to play an active role in the life of their children and not simply become a “weekend dad”.

In addition to parenting arrangements for the care of children, fathers may also be concerned about the division of financial assets and requirements to pay child or spousal support.

At Johnstone Crouse Lawyers, we work closely with men and fathers to help them understand their rights under Australian family law. Our team of lawyers in Perth and Joondalup have the experience, knowledge and expertise to guide men through family law system.

Divorce and separation advice for men – what you need to know

Divorce and separation are two different issues in law.

As soon as you know you are separating from your wife or partner, there are some important steps you should take:

• Seek advice early from an experienced family lawyer who can assist you in understanding your entitlements and explain the divorce process.
• Avoid angry or acrimonious communications with your wife, both written and verbal.
• Don’t post negative comments or images about the relationship or your partner on social media or email.
• Be mindful of your finances and don’t over extend yourself. You may be liable for child or spousal support and assets may be divided. So it is best not to make any large financial purchases or run up any large debts until all legal proceedings have been finalised.
• Keep track of your wife’s residential and/or work address, even if you no longer communicate regularly. This is vital for serving the divorce application and other legal documentation. The Court may not be able to hear your application for divorce if it is not served in accordance with the law and there will be delays.

Most importantly, maintain a strong relationship with your children and continue to communicate regularly with them, especially if you are no longer living in the family home. This will be a difficult period for your children and they need stability. Do not argue with or bad mouth your partner in front of your children. Stay positive and enjoy your time together – putting your children first and making sure they are happy is your priority.

What are child custody rights for fathers?

Many fathers have felt let down by the legal system in Australia and left believing that the system favours the mother when it comes to the custody of children.

The Family Law Act 1975, which governs all children’s custody issues and parenting arrangements, does not mandate that the care of children should be divided equally between parents. There is no rule that sets out where the children should live and how much time the children should spend with each parent. Each family is different. The primary consideration of the courts is that all decision and outcomes are based on the best interests of the child.

It would be ideal for both parents to agree on parenting arrangements but when it is not possible, parents must obtain a court order.

Your personal circumstances including your work situation may impact on the contact time you will have with your children. Your responsibility as a father and demonstrating your support in raising your child and your focus on your child will be viewed positively by the Courts.

Father’s visitation rights

Gone are the days when fathers have limited options and can only see their children on the weekends or a fortnightly basis.

The law has significantly changed since 2006 and now many fathers now have the opportunity to have meaningful relationships with their children and be involved in their lives. The emphasis is on the welfare, safety and convenience of the children.

If I divorce my wife what am I entitled to?

Your entitlements are subject to the contributions you have made during the period of your relationship including an assessment of your contributions before marriage and after separation. Once contributions are determined on a percentage basis, an analysis of your future needs is assessed and adjusted accordingly by the appropriate percentage.

Family Lawyers for Men

Johnstone Crouse Lawyers understand me and fathers’s needs during separation and divorce. Your needs will be addressed by our team of family lawyers in Perth and Joondalup who will draw from extensive knowledge and experience to tailor their advice for your personal circumstances.

We are aware of the issues affecting men and fathers and our capable and confident staff will work closely with you to deliver the best outcome.

Grandparent’s Rights Perth

Grandparents are an important part of the family and can often play a significant role in a child’s life. Unfortunately, when parents separate or divorce, grandparents may find they are not able to spend as much time with their grandchildren or in some cases are cut off completely. This can be devastating, for both children and grandparents.

Our family lawyers in Perth and Joondalup understand the rights of grandparents and can assist you in maintaining a strong and continuous relationship with your grandchildren.

What are grandparent’s rights?

The Family Law Act 1975 (“Act“) acknowledges the importance of grandchildren having a relationship with grandparents whether the grandchildren’s parents have separated or still remain as one family unit. This does not mean the grandparents have an automatic right to their grandchildren as the “best interests of the child” is a paramount decision for the Court to reach.

The Act recognises children have the right to remain in regular contact with those who are important in their welfare, care and development including grandparents.

Grandparents do not have an automatic right to have time with their grandchild or to care for their grandchild however can apply to the Family Court for orders to enable this to occur.

The Child’s Best Interests

The “children’s best interests” are always the paramount consideration for the Court. The Court will examine, apply and make findings in relation to the grandchildren having a relationship with their parents and significant others in their life which includes grandparents and the need to protect the child from harm such as family violence.

Other factors the Court may take into consideration include:

• The degree of conflict and hostility between parents or grandparents.
• The physical and emotional needs of the grandchildren.
• The safety and welfare of the grandchildren.
• If the grandchildren hold the maturity, then the wishes of the grandchildren.
• The strength of the relationship between the grandparents and the grandchildren.
• The grandchildren’s adjustment to new residences, schooling and their community.
• Any other issues the Court may find relevant.

Can grandparents get custody of grandchildren?

When the Court considers an application by a grandparent for custody, it needs to be aware of:

• Any family violence towards the grandchildren or towards the parent and if the grandchildren have witnessed this act.
• If one or both parents have alcohol or drug addiction problems.
• If one or both parents suffer from physical or mental health problems that may impact on the parent’s capacity to care for the grandchildren.
• If the Department for Child Protection has been involved with the grandchildren due to Care and Protection matters.

The Act enable grandparents to seek Orders under the Act that would reflect custody orders, otherwise known as live with arrangements for your grandchildren.

Do grandparents have the right to see their grandchildren?

Grandparents, who are significant to their grandchildren’s care, welfare and development are in a position to seek Orders from the Court to continue a relationship with the children. The parents can be separated or still together for a third party to apply for Court Orders.

The orders grandparents may apply for include:

• spend time arrangements with your grandchildren; and/or
• telephone contact with your grandchildren.

The type of application will depend on:

• your personal circumstances;
• your relationship with your grandchildren;
• your relationships with your grandchildren’s parents;
• the nature of the breakdown of your grandchildren’s family; and
• the nature and wishes of your grandchildren.

Can Johnstone Crouse Lawyers answer my questions about grandparent’s rights?

We know it is upsetting to have reduced contact with your grandchildren. We also understand it can be extremely stressful when you have concerns about your grandchild’s care or welfare.

If you need advice or assistance on visiting your grandchildren or formalising care options, our family law team in Perth can work with you to find out which application to the Family Court best suits your situation and the likelihood of a successful outcome for you and your grandchildren.

Same Sex Relationships Perth

When it comes to property settlement and parenting issues, Australian family courts treat same sex couples no differently to married and de facto couples. The only thing that had previously distinguished same sex couples was the fact they could not marry under the Marriage Act 1961.

On 15 November 2017 the Australian Bureau of Statistics confirmed Australia’s historic “Yes” vote in the federal government’s same sex marriage survey.

The first day same sex couples will be able to get married in Australia is 9 January 2018. As long-time supporters of marriage equality we are proud that marriage equality has now become enshrined in Australian law.

Same Sex Relationships and De Facto Relationships

People in a same sex relationship who choose not to get married can be considered to be in a de facto relationship, provided that they meet certain criteria.

Australian family courts treat same sex de facto relationships no differently to heterosexual de facto relationships.

What constitutes a same sex de facto relationship?

Section 13A of the Interpretation Act 1984 (WA) sets out the various factors used in determining the existence of a de facto relationship in Western Australia, such as:

• the length of the relationship;
• whether the parties have resided together;
• the degree of financial dependence or interdependence; and
• the degree of mutual commitment by the parties to a shared life.

Section 13A of the Interpretation Act also states that “it does not matter whether the persons are different sexes or the same sex.” The de facto relationships of gay, lesbian, bisexual, transgender and intersex people are all legally recognised.

Under the Family Court Act 1997 (WA), the Family Court of Western Australia may only make property orders in relation to a de facto relationship if:

• the parties have lived together in a de facto relationship for at least two years; or
• there is a child of the relationship under 18; or
• a party has made substantial contributions and failure to make property orders would result in serious injustice to that party.

Am I entitled to anything if my same sex relationship breaks down?

If your relationship meets the criteria for a de facto relationship, then the Family Court of Western Australia can make property orders, including orders on your entitlements.

Property settlement in a same sex separation is treated the same as any de facto property division in Western Australia and the division of property of a de facto couple is largely the same as the division of property of married couple.

The difference is in the apportionment of superannuation. In Western Australia, there is no right to split or roll over superannuation entitlements.

The limitation period for applying for de facto property orders in the Family Court of Western Australia is two years from the date of separation.

Johnstone Crouse Lawyers have represented many LGBT clients and we are proud to be a progressive, inclusive, forward-thinking legal practice that supports marriage equality and equality before the law.