Category: Children Matters

While the holiday period often evokes feelings of happiness and excitement, the season can also be daunting for separated families. To avoid the challenges associated with shared care, it is imperative to collaborate with your ex-partner to draft a parenting plan which is clear, comprehensive and child-focussed. Below is a list of tips that may be useful when organising care arrangements during the holiday season. Make plans with your ex-partner well in advance. Early planning can reduce the risk of...

If you have not yet given birth to your child, you may be eligible to receive child support payments from the other parent of the soon-to-be-child. [caption id="attachment_18655" align="alignright" width="350"] child support payments[/caption] As a mother, you may be entitled to receive financial support, known as ‘childbirth maintenance’, from the child’s father for some medical expenses from two (2) months before the birth and until three (3) months after the birth. Section 67B of the Family Law Act 1975 (Cth)...

Should an Independent Children’s Lawyer (ICL) meet with the child of the parties when compiling a family report. (A summary of the principles set out in a recent decision of the Family Court ). The role of an Independent Childrens Lawyer (ICL) is pivotal in family law proceedings, as they act as an independent representative of a child's best interests. This role is guided by the Family Law Act 1975 (Cth) (the Act), as well as by the National Guidelines...

Child support agreements play a crucial role in ensuring the well-being of children after the dissolution of a relationship. In Cairns, Queensland, like elsewhere in Australia, these agreements are governed by specific laws and regulations. Understanding the intricacies of binding child support agreements is essential for both parents to navigate this process smoothly and ensure the best interests of their children. In this comprehensive guide, we'll delve into the nuances of binding child support agreements in Cairns, Queensland, exploring the...

In legal proceedings involving child welfare, access to pertinent documents held by authorities like the Department of Children, Youth Justice, and Multicultural Affairs is crucial. If you are considering issuing a subpoena for the production of such documents in Queensland, here's what you need to know. Issuing subpoenas for the production of documents to the DAepartment of Children, Youth Justice, and Multicultural Affairs (the ‘Department’) is a critical step in legal proceedings involving child welfare. Understanding the process and requirements...

Child support is a crucial aspect of family law, ensuring that children receive the financial support they need for their upbringing, even when parents are separated or divorced. In Cairns, Queensland, as in the rest of Australia, binding child support agreements play a significant role in formalising financial arrangements between parents. [caption id="attachment_17919" align="alignright" width="350"] Binding Child Support Agreements in Cairns[/caption] Understanding these agreements is essential for both parents to ensure fair and appropriate support for their children. In this...

Co-parenting during the Easter school holidays in Queensland, can present unique challenges, but with careful planning and communication, it can also be a rewarding experience for both parents and children. One option for dividing time during the Easter long weekend is to have one parent spend time with the children from 12:00 pm Easter Saturday until 12:00 pm Easter Sunday, and the other parent from 12:00 pm Easter Sunday until 12:00 pm Easter Monday. This allows both parents to have...

Cairns, nestled in the tropical paradise of Queensland, is a city that embraces cultural diversity. However, like any other community, it faces challenges, including the risk of international child abduction. In this blog, we delve into the legal recourse and prevention measures available to families in Cairns to address the complex issue of international child abduction. Understanding International Child Abduction [caption id="attachment_17733" align="alignright" width="350"] Child Abduction in Cairns[/caption] International child abduction occurs when a child is wrongfully taken across borders...

Co-parenting dynamics can become particularly challenging when a child expresses a desire not to spend time with one of their parents. Navigating this situation requires sensitivity, communication, and a thorough understanding of family law. Here are some considerations and steps a parent can take when faced with the challenging scenario of a child expressing a wish not to spend time with them. Open and Honest Communication [caption id="attachment_17691" align="alignright" width="350"] The Balancing Act[/caption] The foundation of any resolution begins with...

In the intricate and often emotionally charged realm of family law, the well-being and best interests of the child must always be at the forefront. Cairns, like many other places, recognises the significance of ensuring children's voices are heard and their rights protected during family law proceedings. Independent Children's Lawyers (ICLs) play a crucial role in this process, acting as advocates for the children involved. In this blog, we will explore the importance of Independent Children's Lawyers in Cairns Family...

The movement around the decriminalisation of sex work in Queensland advocates for the legal recognition of sex work as work, rather than a crime. In March 2023, the Queensland Law Report Commission proposed a range of amendments to the current sex work regulations in Queensland with the aim of reducing stigma and prejudice that currently taints the industry. Briefly, the ALRC Report proposed that by amending the current regulations surrounding sex work to reflect more modern sentiments, a sex work...

As the school holidays approach in the sunny state of Queensland, Australia, co-parents face the unique challenge of ensuring a smooth and enjoyable break for their children. Balancing work commitments, travel plans, and maintaining a sense of stability for the kids can be demanding. Here are some tips to cultivate a Co-Parenting Harmony and create lasting memories during the school holiday season. Open Communication is Key [caption id="attachment_17478" align="alignright" width="300"] Co-Parenting Harmony[/caption] Kick off the school holiday planning with open...

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 [caption id="attachment_17415" align="alignright" width="300"] Co-Parenting During the Holidays[/caption] The key...

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...

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...