Old Ex, New Dispute

Parents sometimes disagree about the secondary school their children should attend. It could be due to issues of costs, convenience, or social/religious views. When these disputes need to be decided in the family law court, the question is not “Which school is best?” but “Which school would be best for these children?” Factors to be considered include;

• the child’s strengths
• their friendships
• sports/extra-curricular activities
• transport to and from school
• the relative advantages of each school, and;
• any issues around affordability of fees.

“Relocation cases” can be difficult to resolve as there’s less scope for compromise, particularly when the proposed travel is overseas. As these cases still relate to children, the ultimate question is what arrangements are in their best interests. The law also requires that proper consideration is given to freedom of movement.

Maybe. Court orders about children aren’t generally set in stone forever, but repeated litigation is often harmful. Applications to change parenting orders are sometimes summarily dismissed if the court considers that further proceedings are not in the children’s best interests.

We recommend obtaining legal advice before starting court proceedings.

It might be necessary to apply to the court to enforce a sale of the home. Claims for interest on the unpaid settlement funds and for your legal costs to be paid by your ex, are common in these situations.

If you had court orders or a financial agreement made when you separated, you should be able to hold your ex to the previous agreement. If you only had an informal settlement, then your ex could potentially get a second bite of the cherry if they didn’t get a fair deal the first time around.

Financial agreements will only be binding if key criteria are met. For example, it’s essential that both parties obtain independent legal advice.

Further, financial agreements can potentially be “set aside” by a court. Setting aside orders can be made in a few different circumstances. Most cases involve arguments about the circumstances in which the agreement was made – that one party failed to provide proper disclosure, or they didn’t freely agree because of duress, undue influence, or unconscionable conduct.

Other cases involve challenges that agreements are impractical to carry out or that they would result in hardship because of a change of circumstances relating to children.