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Legal matters may seem complicated. Our aim is to make them a little easier to digest. Learn your rights - knowledge is power. Let us know what other questions you would like us to answer.
Victoria discusses parents' rights and children's rights during a divorce. She clarifies that technically there are no parental rights - the rights belong to the children. There are three components that the courts consider when deciding what should happen to the children: parental responsibility, the children living arrangements and parenting orders.
Parenting Arrangements and Rights
Kerry talks about the legal processes involving a divorce - a legal finalisation of a marriage. She explains that such process is completely separate from a property settlement and a parenting matter. She then discusses what's required from one going through that process: proof of a legal marriage, that you have been separated for at least 12 months, and that there are proper arrangements in place in terms of any children.
In this video, Jackson explains what a parenting order is and what happens when one party fails to oblige or follow that order. He elaborates on minor contraventions, which involve the encouragement of both parties to resolve the matter themselves. He then discusses the process of a major contravention, which involves going to court.
Parenting Order Contraventions
BFA’s are commonly known as ‘Prenups’ and can also be done during a relationship. In this video, Taylor discusses the two ways one can settle their financial circumstances: (1) by way of court order and (2) by way of binding financial agreement. She then explains why one should consider getting a BFA instead of settling it through court.
Binding Financial Agreements
Victoria explains what spousal maintenance entails. She elaborates that you can either come to an agreement with your former partner, or apply to court to obtain financial support post-separation. She then discusses the way that the court approaches spousal maintenance cases (means and merits), what they look at, and what happens if your partner cannot afford to pay.
Spousal Maintenance
In this video, Mirella explains what an airport watch list actually entails. In short, it is a restriction preventing a child from leaving the Commonwealth of Australia, as a form of precaution. It is used if the child is at risk of being taken from the country away from the parent without their knowledge or consent. It's usually done by making an application with the Federal Circuit Court of Australia or the Family Court of Australia.
Airport Watch List
Chris explains the processes that take place after a Domestic Violence Order is breached. He clarifies that DVA is in fact a civil matter until it has been breached. It then becomes a criminal matter. He then goes on to discuss the different ways that DVA can be breached, which would inform the consequences for that individual.
Breach of a Domestic Violence Order
Chris goes through the process of one being tested/charged for drink-driving. He clarifies what rights you have in that situation, as well as the police; indicates that the threshold for being charged is being over 0.05; and then elaborates on the process of one being charged for drink-driving.
After you are informed by the police that they are investigating you for committing an offence, you may be asked to come to the station to conduct an electronic interview. In this video Chris discusses your rights in a variety of situations (you being/not being under arrest), as well as what happens with the electronic record of your interview by the police.
Electronic Record of Interview by the Police
In this video, Chris discusses the process behind a 'notice to appear'. He clears out some common misconceptions and elaborates on all the possible ways the police can charge you in Queensland. He focuses on two main ways: notice to appear and watch-house bail.
How the Police charge you in Queensland
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