I have a couple of queries related to family law.
1. I met my now spouse, who has children from a previous marriage, just over 10 years ago. I owned a home which I had purchased 10 years prior to us meeting. We started a business together using the home to finance the business. I was the director and the business ownership was in my name because of putting up the asset to finance the business. I drew dividends and wages from the business whereas my spouse drew wages only. My partner always paid child support as stipulated. The business closed down a couple of years ago due to the business prospects starting to look not very good.
My question is, is his former spouse and their children entitled to any of the dividends from the business? We have no contact or care days with the children.
2. The second situation in which I would like some understanding is, during the course of our relationship, the former spouse made it increasingly difficult for my partner to see the children and over a period of a few years would not allow unhindered access or relationships with the children. As a consequence, over several years, the relationship with the children continued to break down until such time that they no longer have any contact.
The primary decision being made by my partner that it was too distressing for the children to be put under so much pressure each time they spent time with him. At this stage we thought that it would be possible to perhaps continue the relationship with the children once they became older, however to this date they have only contacted once and that was to seek money. During this time period my partner, now in his mid-30s, was contacted by his biological family and his step-family discontinued contact with him. This was as a result of marriage break-ups when my partner was also young. The children were unaware of this because they were too young to understand what was happening.
After the breakdown in relationship between my spouse and the children we became aware that his former spouse had introduced his step-family to the children under the pretences that they are their biological family. My partner meanwhile has a very good relationship with his biological family.
What rights do the children have? Do they have any entitlements in relationship to knowing their biological family? Our priority is for the psychological well-being of the children.
My instinct is that the family court would look at meaningful relationships and make orders in based on the best interests of the children. Would they make some provision for them to be able know the details? Our instinct is to now leave the situation as it is because it would be too emotionally disturbing for the children to know the truth, as much as I find that saddening as members of their biological family may pass away before they ever get the chance to know them. Ironically this is also what happened to my partner, his grandparents had passed away before he got the chance to meet them as an adult.
1. I met my now spouse, who has children from a previous marriage, just over 10 years ago. I owned a home which I had purchased 10 years prior to us meeting. We started a business together using the home to finance the business. I was the director and the business ownership was in my name because of putting up the asset to finance the business. I drew dividends and wages from the business whereas my spouse drew wages only. My partner always paid child support as stipulated. The business closed down a couple of years ago due to the business prospects starting to look not very good.
My question is, is his former spouse and their children entitled to any of the dividends from the business? We have no contact or care days with the children.
2. The second situation in which I would like some understanding is, during the course of our relationship, the former spouse made it increasingly difficult for my partner to see the children and over a period of a few years would not allow unhindered access or relationships with the children. As a consequence, over several years, the relationship with the children continued to break down until such time that they no longer have any contact.
The primary decision being made by my partner that it was too distressing for the children to be put under so much pressure each time they spent time with him. At this stage we thought that it would be possible to perhaps continue the relationship with the children once they became older, however to this date they have only contacted once and that was to seek money. During this time period my partner, now in his mid-30s, was contacted by his biological family and his step-family discontinued contact with him. This was as a result of marriage break-ups when my partner was also young. The children were unaware of this because they were too young to understand what was happening.
After the breakdown in relationship between my spouse and the children we became aware that his former spouse had introduced his step-family to the children under the pretences that they are their biological family. My partner meanwhile has a very good relationship with his biological family.
What rights do the children have? Do they have any entitlements in relationship to knowing their biological family? Our priority is for the psychological well-being of the children.
My instinct is that the family court would look at meaningful relationships and make orders in based on the best interests of the children. Would they make some provision for them to be able know the details? Our instinct is to now leave the situation as it is because it would be too emotionally disturbing for the children to know the truth, as much as I find that saddening as members of their biological family may pass away before they ever get the chance to know them. Ironically this is also what happened to my partner, his grandparents had passed away before he got the chance to meet them as an adult.
