When your children have spent time with your ex-partner, they are not returned to you as agreed, and you cannot resolve the situation yourself, you may need to seek a recovery order from the court. In this article Marika McMahon explains the process to be followed by you and your lawyer to recover your children as soon as possible.
Read MoreMarika's Summer reading had an unexpected cross into her professional life and she shares a number of book recommendations related to Family Law that will be of interest to non-lawyers and lawyers alike.
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It's a wonderful time of year... so the saying goes but in the world of family law Christmas can often be one of the hardest times. Whether a relationship is on its last legs, or the split is new or it is one of many Christmas seasons you have spent apart arrangements can often still be difficult.
Read MoreEvery now and then there is a news story of someone who has taken their children out of the country, never to return. Because of this risk leaving the country for a legitimate overseas holiday can require permission of the other parent and the Family Court. It's best to get everything in order before you book that non-refundable flight.
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Offering a PlayStation to your child might sway them to want to come and live with you, but before you do remember the court has jurisdiction to make orders regarding living arrangements. A child's view will be considered if it is compelling and not just a result of the "PlayStation" factor.
Read MoreAustralian Family Law Courts have recognised agreements about what is to happen with married couples' property in the event of marriage breakdown for the last 14 years, and for de facto relationships (including those of same sex couples) since 2009.
Read MoreThe sense of ownership we have over the goods and personal belongings in our homes can be a great source of stress when dividing it all up as part of a property settlement. Marika McMahon has seen this many times and has some advice for how to avoid getting the lawyers involved with this part of the process.
Read MoreWhen dividing assets in a family law case, the court considered many factors including the "future needs" of each party. This article highlights some of the more common areas of consideration.
Read MoreBeing a family lawyer as well as a keen punter, Marika's mind often turns to how a big win or a big loss at the track can pan out in later family law proceedings. There's not too many things more tragic than when a relationship fails due to tensions arising out of one party's gambling problems. Sadly, it is something she see's happen all to often in practice, although more commonly from pokies than ponies.
Read MoreFamily Law Conciliation Conferences have a good rate of resolution and though they can be exhausting and intense this form of court conducted mediation is much less stressful than what happens when your matter goes to a final hearing.
Read MoreWhen older couples separate the property settlement process can be more complex, especially if it is a second or third relationship.
Read MoreFamily Law is a complex and ever evolving field. Marika shares some of the newest developments from the National Family Law Conference held in October 2014.
Read MoreMarika provides a summary from the National Family Law Conference of the major issues facing Family Law.
Read MoreWhen deciding who gets what as part of a property settlement even superannuation needs to be considered.
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If you are thinking of separating, as scary as that may be, it's beneficial to seek some confidential, legal advice beforehand to help you prepare.
Read MoreWhen most people need us it's usually for something they would describe as "big" and that can make meeting a lawyer intimidating. At OFRM we take specific care to ensure your visit with us is comfortable.
Read MoreThese days it doesn’t seem to be a 7-year itch that leads to divorce, the vast majority of Marika's clients are “empty nesters”; couples who have been together 20, 30, or 40 years and decide to go their separate ways. This can make for a trickier family law settlement.
Read MoreChristmas and New Year can stretch relationships to breaking point. We often come back to find a few relationships who not only hit breaking point but broke over the break.
Read MoreSaving money on your legal costs is simple. Provide the information your lawyer asks for, as quickly and accurately as possible.
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