Aussie Divorce/Family Law help
#1
Forum Regular
![](https://britishexpats.com/forum/images/ranks/star.gif)
![](https://britishexpats.com/forum/images/ranks/star.gif)
![](https://britishexpats.com/forum/images/ranks/star.gif)
Thread Starter
Joined: Feb 2005
Posts: 230
![annaerb will become famous soon enough](https://britishexpats.com/forum/images/reputation/reputation_pos.gif)
![annaerb will become famous soon enough](https://britishexpats.com/forum/images/reputation/reputation_pos.gif)
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
Can anyone point me in the right direction in where to find help on Divorce/Family Law help online? OR does anyone know themselves.
Can anyone answer these questions:
If you get divorced is everything etc divided 50/50 or is it 75/25.
Can my SIL stop me as in being aunty from seeing my nephew?
Can my brother take his son out of the country?
What rights does a mother have?
What rights does a father have?
Who pays child maintenance if both parents are working?
So many questions, I'm just trying to help my Brother.
My biggest fear and I'm getting upset about it is not being able to see my Nephew again.
Thanks
anna
Can anyone answer these questions:
If you get divorced is everything etc divided 50/50 or is it 75/25.
Can my SIL stop me as in being aunty from seeing my nephew?
Can my brother take his son out of the country?
What rights does a mother have?
What rights does a father have?
Who pays child maintenance if both parents are working?
So many questions, I'm just trying to help my Brother.
My biggest fear and I'm getting upset about it is not being able to see my Nephew again.
Thanks
anna
![annaerb is offline](https://britishexpats.com/forum/images/statusicon/user_offline.gif)
#2
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
you may find some useful info here
http://www.familylawsection.org.au/public/ps_a3.htm
your brothers best bet is to go and see a family law solicitor straight away. If the cost of this is too much and he doesn't qualify for legal aid, then your local Law Clinic (often run by local universities) is probably the best bet. I'll have a look and see if I can find list of clinics in his area if you want to post or PM me the details.
It would be better all round (and less expensive for all parties) if you brother and SIL can agree to separation/divorce terms through mediation instead of going through the court system. But this isn't always possible as people like to argue!!!
http://www.familylawsection.org.au/public/ps_a3.htm
your brothers best bet is to go and see a family law solicitor straight away. If the cost of this is too much and he doesn't qualify for legal aid, then your local Law Clinic (often run by local universities) is probably the best bet. I'll have a look and see if I can find list of clinics in his area if you want to post or PM me the details.
It would be better all round (and less expensive for all parties) if you brother and SIL can agree to separation/divorce terms through mediation instead of going through the court system. But this isn't always possible as people like to argue!!!
Last edited by YoSemite; Jul 27th 2006 at 2:47 pm. Reason: add something
![YoSemite is offline](https://britishexpats.com/forum/images/statusicon/user_offline.gif)
#3
![Default](https://britishexpats.com/forum/images/icons/icon1.gif)
Originally Posted by annaerb
Can anyone point me in the right direction in where to find help on Divorce/Family Law help online? OR does anyone know themselves.
Can anyone answer these questions:
If you get divorced is everything etc divided 50/50 or is it 75/25.
Can my SIL stop me as in being aunty from seeing my nephew?
Can my brother take his son out of the country?
What rights does a mother have?
What rights does a father have?
Who pays child maintenance if both parents are working?
So many questions, I'm just trying to help my Brother.
My biggest fear and I'm getting upset about it is not being able to see my Nephew again.
Thanks
anna
Can anyone answer these questions:
If you get divorced is everything etc divided 50/50 or is it 75/25.
Can my SIL stop me as in being aunty from seeing my nephew?
Can my brother take his son out of the country?
What rights does a mother have?
What rights does a father have?
Who pays child maintenance if both parents are working?
So many questions, I'm just trying to help my Brother.
My biggest fear and I'm getting upset about it is not being able to see my Nephew again.
Thanks
anna
Mostly 50/50 on assets on time spent with each parent if thats what is wanted.
Maintenance is worked out on how much each earns against the time spent with each parent. Say he earns $50,000 and has them half the time then he would pay the other half say $80 a week. If she earned $30,000 then say had to pay him $50 a week so at the end of the day he pay $30 a week.
Kids can go overseas with permission from the other parent or court.
You could see your nephew anytime your brother has the child
![Siren & Brian is offline](https://britishexpats.com/forum/images/statusicon/user_offline.gif)