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Recent parenting decisions are a stark reminder to parents to put the children first in parental disputes, with the Courts stressing a child’s right to have a meaningful relationship with both parents. The Family Court is taking a tough stance on mothers who deny or interfere with their children’s relationship with their fathers. FATHERS AWARDED PRIMARY CARE In a recent decision in the Brisbane Family Court, the Court ordered that 2 children should be removed from their mother’s care in...

TAKING IT TO COURT? CONGRATULATIONS! YOU AUTOMATICALLY QUALIFY FOR A FAMILY REPORT. It is inevitable that parents who institute proceedings in the family court involving their children, will if the parenting issues relating to the children are not resolved, be required to attend a conference and consult with initially a family consultant attached to the court, and if the matter proceeds further in the court process with a family report writer. Family reports by a family consultant and a family...

Payment and Recovery of a Child Support Debt If an application has been lodged with the Child Support Agency, and for whatever reason, there is a debt outstanding on the assessment of child support by the agency, how is that debt recovered? An assessment for child support by the Child Support Agency is normally paid by the employer of the person who owes child support (the payor). The person, normally the father, who is required to pay child support, will...

Top 10 Matters to think about when separating Seek advice from your accountant or financial adviser on the financial consequences arising from a separation. Work out a budget for your essential living expenses, not only for yourself but your children. List all your expenses. Download a financial statement from the Family Court website which will give a good guide to the expenses which you should consider. Do you have enough income to pay for your expenses and those of your...

Lengthy Battles It has long been recognised that the present litigious proceedings in the Family Court have not been the most appropriate means of dealing with children’s issues. The Federal Government established a review committee to advise on a system that would best deal with parenting issues. As a result of the input of this committee, the Federal Government introduced a bill into parliament called the Family Law Amendment Bill (Parenting Management Hearings) Bill 2017. This legislation provides for the...

What is The Parenting Bill? A proposed new forum for resolving family law disputes relating to children. The parenting bill proposes to establish a new statutory authority to offer self-litigants (parents who do not have legal representation) an alternative to having their matters heard in the Family or Federal Circuit Courts (The Family Courts). A vast majority of matters heard in the Family Courts involve unrepresented parties. They do not, in the main, have the knowledge or ability to fully...

What about the Children?  Considering the Psychological Impact of Family Breakdown on Children. The way parents handle a separation can have a huge impact on how well their children cope with it. Research has shown that children from families where parents are involved a high conflict separation are at greater risk of developing emotional, social and behavioural problems. Parental conflict has a negative impact on a child’s adjustment and sense of safety at a time when they are already experiencing...

Joint Collaborative Mediation with a collaborative trained solicitor and psychologist I am an Accredited Family Law Specialist.  Over the many years that I have been in practice I have been involved in all facets of Family Law Brisbane and in all areas of Family Law mediation varying from the basic Legal Aid Conferencing to participating in mediation as a lawyer to clients and in the capacity as a mediator.  I have observed legal professionals acting as mediators and have observed...

The holiday season is supposed to be a time of togetherness and joy. In particular, children are able to experience the wonderment of the Christmas celebrations in a way that is very unique. However, since family members may not always get along, holiday family gatherings can bring out conflict, stress and even more tension. When splitting the responsibility of parenting it is important to minimise conflict. Here’s some well-intended advice on getting through this holiday season if you share parenting...

The YES Vote Wins! So where to from here, and what does it mean for same sex rights? It was an awesome sight to see how Australia stood still to hear the news that, we the people, voted in the majority to legally allow same sex couples to marry.  The emotion and expression from so many who have been waiting for this day for so long were touching (even for us seasoned Family Lawyers).  This is a truly progressive and...

Divorce property settlement examples Hang on.  If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours.  How would be the Family Court view on "Divorce property settlement examples" for a gold lotto prize?   A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court, an inheritance is treated differently to a lotto win. The Family Court has great difficulty in distinguishing...

The principals in the legislation QLD are summarised as follows: “The law will take the view that parenting is a responsibility which should be shared and, in most cases, parents will need to consult and agree on the major of issues affecting their children.” “Where both parents share responsibility, consideration will also be given to the children spending equal or at least substantial time with both parents providing that this is practical and not contrary to the best interests of...

How to avoid the Court and the conflict that this entails? Overcome the conflict. Use your best endeavours to overcome the conflict. For the sake of your family, especially your children, learn to negotiate if possible, learn to overcome your animosity and talk to your former partner in a reasonable manner only if for a short period of time to reach a resolution that best suits your children, yourself and your former partner.  Seek professional help to acquire these skills....

Family Law Act amendments from Federal Government The Family Law Act amendments occurred in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements.   The amendments allowed the Court to transfer entitlements in the fund of one of the parties to the other.  The person receiving the benefit of the entitlement in the other party’s fund would keep that entitlement in the fund or roll the entitlement out into a fund of that party’s...

If the marriage separation process does occur. What should you do? A marriage separation process has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship and lead separate lives There are important things that you should consider if marriage separation is inevitable. If there are difficulties in your relationship look for a solution....

“Why should I support my wife/partner after we separate when I actually supported her and provided all our assets throughout our entire relationship.” Unfortunately, you may have a continuing financial obligation to your former partner. The Family Law legislation provides the basis for a Court determining the financial relationship of parties after separation. The relevant factors taken into account are: Length of relationship The longer the relationship the greater the interest of the other party in the assets acquired during...

The difficulties facing our client. We are dealing with a matter where the parents have separated and are having difficulties with their child who is 2 years of age.  Alex (not his real name) is two years of age.  He has a strong bonding relationship with his mother who has been the primary carer in his life.  A child of this age, as noted in the enclosed articles, may stress at being separated from the bonded parent for an extended...

Are you considering separation? What to do if you are considering Separation? A separation in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face. Separation can be devastating for everyone involved. How well you handle a separation will impact how well you and your family cope now and in the future ? Are the traumas and conflicts that you are now facing...

Spousal maintenance Similar to child maintenance applications, a party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party. The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not...

Child maintenance If negotiation fails, a party who has the care of the children can apply to the Child Support Agency for child support for the children. An application is made to the Agency and considered by the Registrar of that Agency. The child support payable is based on a formula which depends on the incomes of the parties and the care of the children. The Child Support Agency will determine the amount of child support payable, which is normally...