Covid-19 Updates & News

24 March 2020
Covid-19 Updates & the Law
Butlers Blog
COVID 19 is causing uncertainty in so many areas.  One question we are being asked, is “How it will affect existing Parenting Orders or Parenting Plans?”.  The answer to this will vary, depe...
07 April 2020
Butlers Blog
Covid-19 Updates & the Law
For many people, COVID-19 has caused a great deal of uncertainty in areas that they previously regarded as stable: their income, the value of their assets, their ability to travel and even their abili...
21 March 2020
Butlers Blog
Covid-19 Updates & the Law
COVID-19Part 1: Court Proceedings during the COVID-19 pandemicThere is no question that we are now in uncharted waters.The world has not seen an influenza pandemic of this nature since Swine Flu and H...

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Part 2: COVID-19 and the Effect on Family Court Parenting Issues.

COVID 19 is causing uncertainty in so many areas.  One question we are being asked, is “How it will affect existing Parenting Orders or Parenting Plans?”.  The answer to this will vary, depending upon your Order or Plan. 
 
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Part 1: Court Proceedings during the COVID-19 pandemic

COVID-19

Part 1: Court Proceedings during the COVID-19 pandemic

There is no question that we are now in uncharted waters.

The world has not seen an influenza pandemic of this nature since Swine Flu and HIV/AIDS. These are classified as pandemics despite the seeming lack of panic at the time. The Family Court of Western Australia was established by the Family Law Act in 1975 and commenced operation in 1976. Since that time, the Court has not had to deal with anything on this global scale before.

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Who May Apply For Parenting Orders?

In our previous article ‘Who is a Parent??’, we touched on the importance of being a ‘parent’ under Australian Law, and the legal consequences associated with paternity.

Naturally, a good way to follow up such an article is with an explanation of why, when seeking Parenting Orders from a Court, it does not matter who a child’s parents are at all.

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Co-parenting through Conflict

Separation from a spouse or partner is one of the most stressful situations a person can go through. When you have children, you have the added pressure of functioning as a parent in the midst of your grief, loss or anger surrounding the breakdown of your relationship.

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Our Courts and “The System” - Who will be held accountable for Australia's recent family tragedies?

The Australian Courts and their procedures and practices are far from perfect.  They require reviewing, updating and amending.  However, can the Courts and the “system” be held entirely accountable for the recent domestic violence tragedies we have seen in the media?  Should the perpetrators take any responsibility?

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Parenting After Separation - How to Ease the Transition for the Kids

We understand that separating from your partner is hard. Even if it is an amicable separation, the process is difficult and can be very stressful. When you have children, you have the added pressure of trying to function as a parent in the midst of your grief, loss or anger surrounding the breakdown of your relationship.

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Do I Really Need Family Court Orders?

Separating from a partner can be daunting and often people do not know the necessary steps to take when they are trying to navigate the separation of assets, and making arrangements for their children.

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Homemade Wills Can Be a Curse - A Warning to Blended Families

Making a Will is one of the best ways of ensuring that your assets are distributed in accordance with your wishes when you die.  In this age of technology with the availability of information at our fingertips, some people consider that they can do it all – and home-made Wills are no exception.  

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Why Do I Even Need A Will?

One question we often hear is; ‘Why do I even need a Will?’

Understandably, planning for your death is not usually something that you think about regularly. Often times it is considered the least important of tasks. However, considering that you could die at any moment, planning for what happens afterwards and ensuring that your estate is administered in accordance with your wishes should be considered one of the most important things you can do.

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A Thousand Ways Not to Die

Most of us have seen, or at the very least are aware of, the American television series ‘1000 Ways to Die’.  The series wittily illustrates unusual deaths, which some might describe as insensitive, and explains the science behind each of these deaths.  This blog is not intended to delve into unusual deaths or science.

What it is intended to do is highlight that undoubtedly, one of the ways not to die, is without a Will.  

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Almost Perfect Film Script - Giving away your assets before you die

In the recent case of Shephard v Galea & Byrne as Executors and Trustees of the Estate of the late Joseph Galea [2019] WASC 164, the Honourable Justice Kenneth Martin described the life of the deceased as an “almost perfect film script”.

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How do I provide for my child, who has an addiction, in my Will?

Sadly, many families face the devastating consequences of loved ones suffering from addiction. It is often the cause of irrevocable harm to relationships and destruction of family units. Addiction has many forms, and it typically involves  substance abuse, such as drugs or alcohol, or activities such as gambling.

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Why "Young" people Should Have a Will

When asking younger people if they have a Will, I often hear the cliché response of “I don’t have anything to give” – wrong!

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Superannuation Death Benefits and Conflict of Interest

It is becoming more common for a person’s superannuation to be their most valuable asset upon their death.  Unfortunately, many people remain unaware of the importance of making provision for what happens to their superannuation upon their death, causing problems for their loved ones left behind.

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Does an Executor Get Paid?

There is no requirement to pay an Executor a commission for acting in that role.  In a lot of cases, you may find that the person appointed as the Executor of an Estate is also a beneficiary of the Estate, and that they do not have the professional skills required for the tasks involved in administering an Estate.

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Miley & Liam - Financial Agreement

One year on from their wedding and Miley and Liam’s divorce is already considered old news, with the dust having settled following their separation in 2019. Despite their relationship lasting 10 years (not counting those hiccup “off” periods), the internet remained fairly silent about any division of their assets.

With their legal separation so widely reported upon, and their combined net worth being estimated at about $186 million dollars (Liam’s being about $26 million and Miley’s about $160 million), you would be forgiven for wondering why the juicy details about the separation of their assets has remained largely out of the tabloids. Not only are they both worth a significant amount, their assets could be spread across numerous countries. They also shared 9 dogs, 3 cats and a pig!

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How to get through the holidays and festivities after separation.

The spirit of Christmas is often exemplified when being with and around children. After you have separated, however, not being with your children can be difficult.

Here are #10 things to help you plan ahead and assist in getting through the holidays:

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The Christmas time struggle…

Christmas is meant to be a time for festive cheer, mulled wine (although perhaps not in 40 degrees!), celebrations and good old fashioned family time. However, for many separated parents, Christmas is a time for arguments, when they find themselves fighting over who gets the children on Christmas Eve, or Christmas morning, or both!

As Family Lawyers, we see this far too often and sadly, we also see it far too late. The Family Court has a cut-off date for Christmas contact applications (usually mid-November), and unfortunately, that date has now passed.

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Making a cheater pay... is it worth it?

It’s an unfortunate reality that cheating is a common reason for couples separating today. If cheating doesn’t immediately result in the end of a relationship, it often causes significant distrust which eventually leads to the breakdown of the relationship.

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Wait?! Am I a sperm donor or a parent?

In our previous articles “Who is a Parent?” and “Parenting Orders and What You Need to Know” we discussed what it means to be a parent under Australian Law, and the fact that people who are not ‘parents’ are still able to apply for Parenting Orders in relation to children.

Both of these issues were recently considered earlier this year by the High Court of Australia in Masson and Parsons & Ors. The matter made headlines due to the relative rarity of Family Law issues being heard in Australia’s highest Court and the importance of the findings made for many families across Australia.  

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