Szabo & Associates News & Updates

Relocating with children after a separation is both a common but also contentious issue in family law. For parents who share a child’s care, freedom to relocate can be restricted if it impacts negatively on the ability of the other parent to spend time with the child and is not considered as being in the child’s best interests as illustrated in this recent case.

While married and de facto relationships have largely equal standing before the law, there are differences that can prove important. The main difference from a legal perspective is a de facto relationship has to prove the relationship exists beyond producing a marriage certificate.  

The law in Australia recognises the benefit of children having a meaningful relationship with both parents, and normally the aim is to allow children to see both parents. Generally speaking, an ex-partner cannot deny their former partner access to their children unless there are concerns over the safety of the children, and it would not be in the children’s best interests.

What is coercive control?

The term coercive control refers to a range of repeated patterns of family and domestic violence. These behaviours can include emotional, financial and psychological abuse used to gain control over an individual. Examples include restricting activities and access to bank accounts, insults, humiliation, and threats to take away the children or harm themselves. By having their independence and autonomy removed in this way, the individual can feel trapped in a cycle of abuse.

Even though hiding assets and sources of income in divorce proceedings can have serious consequences, there are those that prepared to take that risk. Property settlement negotiations can only really begin seriously once both parties have fully disclosed their financial position to each other.