Client Testimonial – 10 October 2020

Hi Grant,


That’s great news, glad to hear everything went as planned. I would like to thank yourself and Kavanagh Lawyers again for your hard work and dedication in helping me out in this situation and especially for representing me without me being present in the state.


Client Testimonial – 3 July 2020

Hi Grant,

You will never understand how important this is and how much I appreciate what you’ve achieved for me. I am so thankful for all your help and for playing hardball to reach the outcome which will give my children and I peace of mind for the 5 year duration.



Family Violence and COVID-19

Staying at home has been touted as the solution to slowing the spread of COVID-19, but this also increases risk for victims of family violence. Yesterday, the McGowan Government acknowledged this heightened risk by passing amendments to restraining order legislation.

These amendments allow the Family Court to make interim restraining orders on an ex-parte basis (i.e. without the person you are seeking the order against being present). Restraining order applications can now be lodged online, and the penalty for a breach of a family violence restraining order has been increased to $10,000.Click here to read the McGowan Government's media release about the amendments for more information.

Making sure your international holiday is lawful when you’re separated

Planning a holiday for yourself and your kids can be fun and exciting – but it can also be illegal if you haven’t obtained the consent of your ex-partner.

Whether it’s a quick long weekend getaway to Bali or an entire summer in Europe, legally you cannot take your children out of the State without consent of the other parent. If there are proceedings in the Family Court, it would constitute an offence under the Family Law Act and you risk being stopped by immigration at the airport and denied permission to board flights, and in rare cases, imprisonment.

Obtaining Consent

Of course, family law disputes aren’t always simple. Your ex-partner might choose to unreasonably withhold consent, they might not be contactable, or there might be urgent circumstances that necessitate the travel. In these circumstances you can apply to the Court for permission to take your children overseas. Applying to the Court for permission to travel can take time. You should always consult a lawyer and plan ahead when making international travel plans whilst Family Court proceedings are on foot.

Please note that the above information does not constitute legal advice and every case turns on its own unique facts. If you would like to obtain legal advice about family law matters, please contact Kavanagh Lawyers on 08 6557 5888 or email

Don’t damage your case online – social media and Family Court proceedings

Whether we like it or not, social media plays a major part in our daily lives. Facebook and Instagram can be useful tools for communicating with your ex or sharing photos of your children. However, if you have ongoing proceedings in the Family Court then you should always be aware that what you share online can make its way into the courtroom and this can have disastrous consequences.

When can my social media presence damage my own case?

Parenting Matters

It is an offence to identify parties to a family law case. Remember those drunken photos you posted to Instagram while you were out with your friends on Friday night? Or the angry status you posted on Facebook after you found out that your ex cheated on you? Or that story you posted on Snapchat where you ranted about the recent court hearing in your matter?

These posts might not be so bad in context, but once they’re annexed to an affidavit and presented to the court, they can be seen as a breach of the confidentially rules and evidence of your character and capacity to parent, no matter how #SorryNotSorry you are.

Financial Matters

Doing something as simple as updating your LinkedIn with your new job or posting a picture of your new #TreatYourself purchase can be hazardous if you post it before first disclosing it to your ex!

How do I use social media responsibly during a family law dispute?

  1. Respect the rules of confidentiality and don’t identify parties to a case.
  2. Think before you click – don’t use social media to blow off steam or comment on Court proceedings. Better yet, consider staying off social media until your matter is resolved.
  3. When in doubt, don’t – if you think there’s even the smallest chance that a post could be misinterpreted and land you in hot water with your ex or the Court, then don’t post it.
  4. Update your privacy settings – whether you’re an Instagram influencer or an infrequent Facebooker, it is always best to try and minimise your presence during Family Court proceedings.

Please note that the above information does not constitute legal advice and every case turns on its own unique facts. If you would like to obtain legal advice about family law matters, please contact Kavanagh Lawyers on 08 6557 5888 or email

Client Testimonial – 13 February 2020

Hi Anique,

I can’t express how grateful I am to you and Marty for all your help, Especially at such short notice and the fact yesterday was a little more painful than anticipated. 

Your prompt action on everything, along with Marty’s patience yesterday made the ordeal bearable.  I couldn’t have achieved yesterday’s outcome without you guys.

Adding to the professionalism of everyone I met at your firm, the friendliness of Josh and Somya, and Yvonne’s warmth at reception made what should’ve been an anxious experience pleasant and comfortable.

You have a Fabulous team all round and Kavanagh Lawyers will be highly recommended!

Thanks again and, in the nicest way possible, hope to not have to speak to you guys anytime soon!


Amy and Tom

Client Testimonial – 10 February 2020

To everyone involved, 

I am beyond grateful for what you blokes/ladies have done for my daughter and my entire family.

I couldn’t have found better people to have by my side during this ordeal and to say I greatly appreciate your efforts is a gross understatement, I personally have been fighting for Christine for three years before we took on these court proceedings, through my own personal issues and then to get back on my feet and to be able to walk her to school and tuck her in at night knowing that she is safe and happy and surrounded by love and support is priceless. 

I can’t thank you all enough.

Josh you said to me that when Christine is older I will be able to feel good that I fought for her and it changed the course of her life, mate I couldn’t have done it without you. 

We changed the course together.

You should definitely take a second to pat yourself on the back mate.

You’re a bloody legend 


Can I still file for divorce if I haven’t been separated for 12 months?

The short answer is no – the Family Court will not grant a divorce where you and your ex-partner have been separated for less than 12 months.

The long answer is a bit more complicated. While you may have to wait 12 months to apply for divorce, you don’t have to wait that long to sort everything else out. You are able to settle children, property and financial matters as soon as you separate.

What if we get back together?

You are able to reconcile with your partner for up to 3 months before having to restart the 12 month separation period.

What if I’m not sure about how long we’ve been separated, or when we separated?

Separation can be a difficult and complicated process, and every situation is different. You may choose to separate under one roof, decide not to tell anyone until after some time, or have different accounts of when separation occurred. In these situations, you should seek legal advice to clarify your position.

Please note that the above information does not constitute legal advice and every case turns on its own unique facts. If you would like to obtain legal advice about separating or organising a property settlement and making arrangements for your children prior to divorce, please contact Kavanagh Lawyers on 08 6557 5888 or email


Client Testimonial – 5 December 2019

Morning Josh,

Firstly, I would like to express a huge thank you for everything you have done for me throughout this process. It has been a pretty stressful time and knowing I had the help from you and Marty to keep pushing for the settlement was huge. You have both been extremely professional, honest and shown empathy through the process so thank you.

Thanks again,