Disputes between parents about where a child should live commonly arise. The place of residence of a child is what is known as a guardianship decision.
It may surprise some to hear that in New Zealand, children born to a surrogate mother are the legal children of that mother, even if they share no genetics.
A number of changes have been proposed, including the manner in which property owned by trusts could be dealt with and adjustments to compensate non-income earning partners at the end of a relationship.
The Supreme Court has recently considered the application of Section 44 of the Property (Relationships) Act 1976. Section 44 permits the Court to make certain orders if a disposition of property has been made in order to defeat the claim of a person under the Act.
The Supreme Court has recently considered the application of economic disparity under Section 15 of the Property (Relationships) Act in Scott v Williams
A recent case of has brought to light the circumstances in which the court will order an unequal division of relationship property under section 13 of the Property (Relationships) Act 1976.
The remarkable feature of the recent case of Clear v Sutton, is that the couple did not cohabit for the majority of their relationship, yet were found to be in a de facto relationship, pursuant to section 2D of the Property (Relationships) Act 1976 (PRA).
A recent High Court case emphasises the circumstances in which the court will void a contracting out agreement and highlights the importance of ensuring such agreements are regularly reviewed.
The way in which the Family Court deals with applications to do with the parenting of children has changed dramatically. Most significantly there are changes to how certain applications are made to the court, how parties are represented by their legal counsel and the format of documents filed.
The father and mother of a child are usually joint guardians of the child under Section 17 of the Care of Children Act 2004 ('the Act'). Under s15 of the Act guardianship of a child is defined as all duties, powers, rights, and responsibilities that a parent of a child has in relation to the child.
The Property Relationships Act 1976 ('the Act') is the piece of legislation that governs the classification and division of relationship property upon separation and applies to all relationships including marriages, de facto relationships and same sex relationships.
The Government passed legislation to abolish gift duty effective from 1 October 2011. What does this mean for our clients and, in particular, clients who have Family Trusts or may be considering setting up a Family Trust?
The Child and Family Protection Bill was unanimously passed into law in August this year and focuses onkeeping children safe where there have been instances of family violence in the home.
The new amendment to the Act brought into effect on 1 July 2010 bridges this gap and enables
a qualified Constable to issue a Police Safety Order (“PSO”) on the spot.
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