Let Me See My Children

What Can I Do If My Ex-Partner Refuses To Let Me See My Children?

As Divorce Lawyers Perth will tell you, children are often weaponised during a divorce by either the mother, the father or both parents. Sadly, and invariably, there is never a winner if this happens, and the people most likely to suffer are the children, through no fault of their own.

This weaponisation can be done in many ways such as using the children as some kind of bargaining chip when it comes to agreeing on the financial settlement, or by trying to influence the children to say untrue things in the court if they are asked questions as part of family report.

Even after the court has issued its order with regards to the divorce, and the children, in particular, the dust doesn’t always settle. Unfortunately, there are many instances where the parent with whom the children live still try to use them in a way that they think punishes their ex-partner.

One of the most common of these is where the children live with their mother, and despite the court ordering shared parental responsibility and visitation, she tries to stop the father from seeing the children. We should point out this can also happen when the roles are reversed, and it is the father stopping the mother seeing her children.

If you are the parent being denied the chance to see your children, then it can be upsetting and also a cause for anger, which is understandable.

One thing you cannot do is try to see the children forcibly by turning up early at their school for example and taking them with you. That could be the quickest way of seeing yourself in court, but for all the wrong reasons.

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Does My Company Need A Public Officer

Does My Company Need A Public Officer?

For companies in Australia there are a number of legal and tax obligations that must be met, and as your lawyers at Commercial Lawyers Perth will advise you, one of those obligations is to appoint a public officer. If you have never heard the term before or have started a new company and are unsure exactly what a public officer’s role will be, then read on.

The legislation which requires a company to appoint a public officer is the Income Tax Assessment Act. From that you may have already gathered that a public officer is not the official spokesperson of their company, nor do they act in any type of customer service role.

Instead, they are appointed as the person whose responsibility it is to make sure that the company meets its obligations with regard to the Act just mentioned in relation to taxes.

It should be noted that not just anyone can be appointed as a company’s public officer, albeit the legal requirements are fairly broad. They must normally reside in Australia and be at least 18 years of age. They also must be someone who fully understands their obligations and the role which they play as a company’s public officer.

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Whistleblowing

Whistleblowing: The Legal Ramifications and What You Need to Know

Whistle-blowing is the act of exposing the dishonest or otherwise illegal or dodgy practices of a business, government, or other body. Unfortunately, most whistle-blowers are often targeted by the organization they expose, which can lead to significant mental and financial stress.

Fortunately, you can stay ahead of the ball by speaking with employment lawyers to develop a plan before going public. This might seem difficult, but it will be worth it in the long run – trust us.

In the rest of this article, we’ve covered whistle-blowing in Australia, the legalities of it, and a few things you should consider.

What is Whistle-blowing?

In short, whistle-blowing is the practice of exposing illegal, unethical, or otherwise dishonest information or activities. Often, these activities are being undertaken by large companies and/or businesses, who will usually go out of their way to protect their interests.

There are two types of whistle-blowing.

Internal whistle-blowing generally involves bringing something to the attention of someone within the organisation, such as a supervisor or manager. External whistle-blowing, on the other hand, involves sharing the information with an external source, such as the media or a law enforcement agency.

What Are the Risks of Whistle-blowing?

If you want to expose the practices of a large company or other organization, the chances are that they will fight back. You may be subject to any one of a number of issues, including:

  • Losing your job, especially if you’re exposing the organization you’re working in.
  • Lawsuits from the organization that you’ve exposed.
  • A tarnished reputation.
  • Difficulties getting a new job, particularly if you try to work within the same industry.

Unfortunately, these problems are all too common. Luckily, though, Australia does offer significant protection for whistle-blowers.

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How a Violence Restraining Order Can Protect You

When couples split up one party may become violent or aggressive towards the other. In fact, this often happens well before any separation and can be the sole cause of the split. It can help to take out a Violence Restraining Order (VRO) on them to ensure they don’t come near you.  Your criminal lawyers can help you to apply and tell you whether the court is likely to grant the VRO.

No person should have to live in fear of another.  Abuse takes many forms from physical injury to threatening by phone, text message or face to face, to destroying or harming your belongings. It can be stalking you or intimidating you in any way.  It can be done by a spouse or partner, ex- spouse or ex- partner, parent, an adult child or relative, or anyone else.

When you apply for a VRO you will need to tell the court what intimidation or abuse you have suffered.  The court will then make an interim VRO and the police will deliver it to the person involved, called the respondent. They have a 21 day limit in which to object. If they don’t object, the interim order becomes a final order and the person must comply with the terms or face a fine or gaol time.

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best interests shareholders rogue director

Best Interests – Shareholders and the Rogue Director

Shareholders (members) of private companies continually experience angst over their investments.  There is always the greater element of risk when investing in a private and/or start-up company.  More frequently after about six to twelve months they will find themselves bolt upright in bed at 3am suddenly realising that they might not see their money ever again.

The person they have linked their financial fate with is the director (and self-appointed CEO) who promised if they brought the capital he would bring the ideas and execution.  Around the time the first set of accounts are prepared it becomes obvious that he has used most of the money for ‘business development’ activities like lunches with friends and travel.

The avenues that are available to the member depend on the character of the director’s activities.  That is, are the actions fraudulent, negligent, intentionally misleading or just bad business.  The legal remedies available to shareholders will be a combination of the:

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