Understanding the Basics of Family Law

Generally speaking, Hervey Bay family law deals with matters related to family relationships and domestic issues. These areas include child custody, paternity, adoption, alimony, spousal support, and domestic violence.


Choosing to adopt a child is a big decision, and a good family law and adoption lawyer is your best bet. They can guide you through the legal process, and help you avoid common pitfalls.

The process is not as easy as it sounds. It requires a great deal of legwork, and a court must approve the adoption.

The best way to approach an adoption is to understand what you are getting into, and to create an adoption profile that will demonstrate how the child has spent time with your family. You may also want to consider what kind of adoption you are looking for.

There are many different types of adoption. One of the most common types is adopting a child from a relative. If you are considering adopting a child from a relative, you may wish to contact the Child Welfare Information Gateway to learn more.


Whether it’s a man who wants to be a father or a mother who wants to get child support from a man, establishing paternity can help both parties. It can also provide stability for the child. It is also helpful in determining the child’s rights and visitation schedule.

Paternity can be established by a court order. Often, a court will order DNA testing to determine the parentage of a child. If the DNA test indicates that the person is not the biological father, the court will not make that person the father. However, if the test proves that the person is the biological father, the court will recognize him as the father.

Spousal support

Various factors are taken into account in determining spousal support. A court is tasked with assessing the parties’ agreement and present circumstances. It must also consider whether the agreement still serves its purpose. It must also determine whether the parties have reached an agreement that is still substantially in accordance with the objectives of the Act.

A causal connection test presumes that a spouse’s inability to meet their own needs is the result of their marital relationship. In practice, this is not the case. Some courts have adopted the causal connection test in a more limited way.

For instance, a lower income spouse may have an impact on the final settlement. It may also be a factor in a post-judgment modification.

Child custody

Getting a child custody order can be a big deal. The court will decide which parent has the most custody, and how much time the child will spend with each parent. This is not an easy decision, and can become a contentious issue.

The court considers several factors, including the child’s age, the parents’ health and their parenting style. The court may order supervised visitation, in certain circumstances.

The court will also consider whether each parent has the ability to make major decisions for the child. These can include choosing a doctor, selecting a school, and obtaining a driver’s license.

A child custody evaluator will study the case to make recommendations to the court. This person is also known as the “Minor’s Counsel.” Aside from making recommendations to the court, this attorney will conduct an independent investigation.


Typically, alimony is a type of court-ordered maintenance that is designed to help maintain the financial stability of a divorcing couple. It can be paid in a lump sum or monthly, and can also be reduced. It is also possible to have alimony payments terminated for a variety of reasons, including significant life events.

When you find yourselves in the situations stated above, it is best to employ the services of specialists in family law.

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