Category: Children Matters

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...

The Psychological Impact of Separation on Children: Offering guidance on how parents can support their children during and after a separation [caption id="attachment_17065" align="alignright" width="300"] Supporting Children Through Separation[/caption] 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...

[caption id="attachment_17000" align="alignright" width="300"] Aboriginal Child Protection[/caption] 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...

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 [caption id="attachment_16725" align="alignright" width="300"] Parental Alienation[/caption] 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...

Sleeping Arrangements - Parenting Matters [caption id="attachment_16719" align="alignright" width="300"] Sleeping Arrangements : separation with young children[/caption] 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....

Joint consent is required for Changing Child's Surname Section 4 of the Family Law Act (Cth) 1975 considers changing a child’s surname to be a major long-term issue in relation to the care, welfare, and development of a child. In Queensland, a child’s surname can only be changed with the consent of both parents listed on the child’s birth certificate. If there is consent by both parents, a joint application to the Registry of Births, Deaths and Marriages can be...

Independent Children's Lawyer (ICL) [caption id="attachment_16543" align="alignright" width="350"] Independent Children's Lawyer[/caption] RELEVANT LAW The Family Court has inherent jurisdiction and hence power to control its own proceedings including the power to appoint and discharge an ICL. Such power is by its nature discretionary. Specifically, the power to appoint an  Independent Children's Lawyer (ICL) is provided at s 68L of the Family Law Act 1975 (Cth) (“The Act”).   Section 68LA sets out the role of the ICL as follows: 68LA...

PARENTING – Schooling – Where the parents seek that their children attend different schools The relevant authorities set out some of the applicable principles as follows: Schooling disputes are not resolved by the application of a “blanket presumption” or preference for the views held by the residential parent. The Court is required to apply the objects and principles of Part VII of the Family Law Act and to consider the statutory criteria in forming conclusions about the child’s best interests. Section...

Child Relocation and Parenting Orders In most relocation matters a parent will seek to move to a location that would make it difficult for the child to spend time with the other parent.  Wherever the child lives the Court will endeavour to ensure that the child should spend reasonable time with the other parent. Consideration of Best Interests of the Child The Court must consider the current, and prospective arrangements for the child and whether they would be in the...

Consent Orders in Family Law Matters - Australia According to the information provided by Adam Cooper in a paper he has delivered.  Consent orders are a very useful means of obtaining orders from the Family Court in regard to property and children's matters. Consent orders carry many advantages, including the exemption in property matters for roll-over stamp duty and capital gains tax. Being an economical and less invasive means of resolution, an ability to divide superannuation interests between the parties,...

Parenting Orders for Children with Special Needs In Part VII of the Family Law Act (1975), there are not specific distinctions for children without special or higher needs when determining what is in the best interests of said child. These are, however, important in determining Orders that will adhere to the child’s best interests. According to studies, parents of children with developmental disabilities are twice as likely to divorce than parents of children without such conditions (Bak & Dunn, 2022)....

The Basics of Child Support in Australia [caption id="attachment_16494" align="alignright" width="350"] Basics of child support[/caption] There are two types of child support in Queensland. Self-managed child support In this type of child support, the parents of the child(ren) manage the child support between themselves. They have the ability and freedom to decide for themselves: how much is paid; when it is paid and how the money is paid. Child support assessment If the parents of the child(ren) are unable to...

In a recent decision in the Family Court found that it was very regrettable that the mother did not support the vaccination of children. [caption id="attachment_16155" align="alignright" width="350"] vaccination of children[/caption] The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child. The Court considered that in these circumstances it would be counter-productive for the mother to accompany the father and...

Can I Take My Child Overseas Without Telling My Partner? Traveling with a child overseas is usually a decision for both parents to make, if they share parental responsibility for the child or if there are Court Orders in place.  Both parents are typically required to sign Passport Applications for their children. Parents should attempt to reach an agreement amicably about such travel decisions and consider attending family dispute resolution in the event that a disagreement arises.  Studies have shown...

Independent Children’s Lawyer (ICL) So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter. What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of...

Child Support Act and Family Law Child Support Act, It is commonly recognized that both parents have a financial obligation to contribute towards the cost of raising their child. The national Child Support Agency under Services Australia is responsible for delivering the child support scheme in addition to regulating, collecting, and administering child support services. They are your first point of call for any child support queries you may have.  In Australia, the relevant child support legislation is encapsulated in...