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In the realm of family law, the challenge of co-parenting can become more complex when a child expresses resistance to spending time with one parent, particularly during school holidays. This situation can be emotionally taxing for both parents. Understanding the options available and approaching the matter with sensitivity is crucial for fostering a healthy co-parenting dynamic. Open Communication with the Child The first step is to engage in open and honest communication with the child. Seek to understand their feelings...

The holiday season is a time of joy and celebration, but for families navigating co-parenting arrangements, it can also be a source of stress and challenges. In Brisbane, where the festive spirit is palpable, finding ways to ensure a smooth Christmas celebration for children in shared custody is crucial. Here are some tips to help co-parents in Brisbane create a positive and memorable holiday experience for their children. Open Communication The key to successful co-parenting during the holidays is open...

As the holiday season approaches in Cairns, Australia, the festive spirit fills the air with excitement. For families navigating co-parenting arrangements, however, the joy of the season can come with its own set of challenges. Ensuring a smooth Christmas celebration for children in shared households requires careful planning and cooperation. Here are some tips to help co-parents in Cairns create a positive and memorable holiday experience for their children. Start with a Clear Plan Begin the holiday season by initiating...

Changes in Family Law Affecting Cairns Residents Family law is a dynamic and ever-evolving field, with regular changes and updates that can significantly impact individuals and families. Cairns, a beautiful city in Queensland, Australia, is no exception to these changes. Recent developments in family law have brought about several important modifications that Cairns’ residents should be aware of. In this blog, we will explore some of the key changes in family law that affect Cairns residents and how these changes...

Understanding Family Law in Cairns: Navigating the Legal Landscape Family law encompasses a wide range of legal issues related to family relationships, including marriage, divorce, parenting arrangements, and property division. If you are facing family law matters in Cairns, Australia, it is essential to understand the legal landscape and the resources available to you. Marriage and Relationship Matters in Cairns  Family law in Cairns begins with the formation of a family unit through marriage or de facto relationships. The Family...

Resources for Perpetrators of Domestic Violence in Brisbane Domestic violence is a pervasive issue that affects countless lives, leaving a trail of physical and emotional scars in its wake. While much attention is focused on supporting victims, it is equally essential to address the root of the problem – the perpetrators. Recognising the potential for change, several resources are available to help individuals who have engaged in domestic violence to break the cycle of abuse and learn healthier ways of...

Client's Duty of Disclosure in Family Law Matters in Cairns, Australia In family law matters in Cairns, Australia, the duty of disclosure is a fundamental legal obligation that all parties involved must adhere to. This duty requires both spouses in a family law dispute to provide full and frank disclosure of their financial circumstances, assets, and liabilities. The purpose of this obligation is to ensure fairness and transparency in resolving family law matters, especially when it comes to property settlements...

Navigating Child Custody, Parenting Arrangements and Parenting Plans in Cairns: What You Need to Know Child custody is a sensitive and complex issue that often arises during or after a divorce or separation. In Cairns, like the rest of Australia, family law prioritises the best interests of the child when determining custody arrangements. Understanding the key issues and legal considerations related to child custody and parenting plans is crucial for anyone going through this challenging process. Understanding Child Custody in...

Mediation and Dispute Resolution in Family Law Matters in Cairns, Australia Family law matters can be emotionally charged and complex, often requiring a delicate approach to resolve conflicts and disputes. In Cairns, Australia, mediation and alternative dispute resolution methods have gained prominence in addressing these issues. By offering a more collaborative and less adversarial approach, mediation provides families with a means to reach fair and mutually agreeable resolutions. In this blog, we will explore the importance of mediation in family...

THE PROCESS OF DIVORCE IN QLD: STEP-BY-STEP GUIDANCE TO HELP DEMYSTIFY THE PROCESS The experience of going through a divorce can feel stressful and overwhelming for many couples. For these reasons, the divorce process in Queensland is designed to be as straightforward as possible. To illustrate that the process is not as daunting as it may seem, we have created a step-by-step guide to help you and your spouse navigate the process successfully.  BEFORE YOU FILE A DIVORCE APPLICATION, CONSIDER...

The Psychological Impact of Separation on Children: Offering guidance on how parents can support their children during and after a separation Separation can be devastating for all individuals involved, particularly when there are children in the picture. Extensive social science research demonstrates that the effects of separation upon children can manifest in multiple ways throughout their development. A major life change, such as divorce or a de facto relationship breakdown, can foster experiences of unsecure attachment, resentment, loneliness, confusion, loss...

In representing Aboriginal and Torres Strait Islander children, there are clear and specific issues that the ICL must consider. Foremost of these is section 60CC of the Family Law Act 1975 that specifies that in considering the best interests of a child, the court must consider the child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture (including the right to enjoy that culture with other people who share that culture); and the likely impact any proposed...

Family Violence and Abuse Like all practitioners, the ICL is expected to be familiar with the relevant provisions of the Family Law Act 1975, the Family Law Rules, the Family Violence Best Practice Principles of the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. The ICL must also be familiar with other relevant best practice guidelines and where relevant, the protocols between the court and state and territory departments responsible for the investigation of...

Who should be advised? The ICL must file and serve an Address for Service to advise the court and the parties of their appointment. The ICL is to advise all necessary agencies, for example, the Federal Circuit and Family. Court’s Court Children’s Service and the State Welfare Authority, of their appointment. To the extent that such information has not been made available as a result of responses to Notices of Child Abuse, Family Violence or Risk, the ICL is to...

Professional Relationship between a Child and an ICL The child has a right to establish a professional relationship with the ICL. In considering any views expressed by the child and the steps to be taken in a matter the ICL is to be aware: that each child will have different emotional, cognitive and intellectual developmental levels, family structures, family dynamics, sibling relationships, religious and cultural backgrounds; and that children are vulnerable to external pressures when caught in disputes involving their...

GUIDELINES FOR INDEPENDENT CHILDREN’S LAWYERS Endorsed by the Chief Justice (Division 1) and Chief Judge (Division 2) of the Federal Circuit and Family Court of Australia and the Chief Judge of the Family Court of Western Australia. The Purpose of these Guidelines This document is intended to provide guidance to the Independent Children’s Lawyers (ICL) in fulfilling their role. The Guidelines have also been issued for the purpose of providing practitioners, parties, children and other people in contact with the...

Dealing with Parental Alienation Parental alienation is the psychological manipulation of a child into showing unfounded fear, contempt or hostility towards a parent that is unjustified. Alienation is certainly a common counter-allegation when accusations of family violence and abuse are made in family law proceedings. The concept of alienation syndrome is quite controversial, and many argue that it does not exist. In fact, it is so divisive that the Office of the United Nations High Commissioner for Human Rights launched...

Sleeping Arrangements - Parenting Matters Going through a separation with young children can be challenging. The child’s age can often be weaponised and used as a way to limit access for the parent that does not have primary care. The age group of 0-4 years is significant in the development of the child’s brain and learning. They form critical attachments and emotional bonds with their caregivers during this time. Children also develop the concept of object permanence at around 8...

What Happens If One Party Goes into Aged Care? The High Court decision in the case of Fairbairn v Radecki [2022] HCA 18, is relevant in considering how a settlement might occur if one party were to enter aged care. The facts of Fairbairn v Radecki are as follows: The female appellant and male responded were in a later life relationships commencing in 2010 in the state of New South Wales; There were children of a prior relationship; The parties...

What is the Evatt List Brisbane registries of the Federal Circuit and Family Court of Australia have a specialist list for “parenting only” cases, called the “Lighthouse Project” whereby matters classified as “high risk” are referred to the Evatt List.  The Evatt List is a specialist Court list for eligible cases that are classified as ‘high risk’ are managed using intensive case management processes and resources. This purpose of this specialist list is to ensure that vulnerable families are provided...