Category: Children Matters

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...

Change Your Child's Surname Changing a child’s surname post-separation is a common occurrence in family law. The process is relatively straightforward if both parents agree. However, it becomes complicated when one parent wishes to change a child’s surname post-separation and the other parent opposes such change. In parenting matters, the Court must apply a presumption that it is in the best interests of the child for the parents to have equal shared parental responsibility in relation to major long-term issues...

Critical Incident List The Federal Circuit Court and Family Court of Australia implemented a new Court process referred to as the ‘Critical Incident List’ as of Monday 6 June 2022 which was rolled out in all states and territories excluding Western Australia.  The Critical Incident List aims to expedite the Court process for vulnerable families that need to make urgent arrangements for children where no parent is available due to circumstances such as death (including homicide or suicide), critical injury...

Maintaining Child Support in Australia A Party in Australia may apply to vary an overseas maintenance order, agreement or liability registered in Australia. ‘a child support maintenance order made by a judicial authority of a reciprocating jurisdiction’ Matters to be taken into account in considering financial support necessary for the maintenance of a child. The relevant sections of the Family Law Act In considering the financial support necessary for the maintenance of a child, the court must take into account...

Child Impact Report vs Family Report – What’s the Difference? [caption id="attachment_16555" align="alignright" width="350"] Child Impact Report vs Family Report[/caption] If you are involved in a litigious parenting matter concerning the future care arrangements for your children, it is likely that you have heard the terms ‘Child Impact Report’ or ‘Family Report’.  Both documents constitute an independent expert opinion provided to the Court by a suitably qualified Child Court Expert, Psychologist, or Social worker, after a review of court documents...

What is Gender dysphoria? A concept designated as clinically significant distress or impairment related to a strong desire to be of another gender, which may include a desire to change primary and/or secondary sex characteristics. Not all transgender or gender diverse people experience dysphoria. Gillick competent: The legal test is used to determine if a child is capable of giving consent when he or she “achieves a sufficient understanding and intelligence to enable the child to understand fully what is...

Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...

Children with special needs may require a higher level of care from their parents and caregivers, depending on the nature of their disability. In circumstances where parents of children with special needs have separated, their parenting Orders should be tailored to suit the circumstances of their child’s medical, educational and therapeutic requirements.  The Family Law Act 1975 does not distinguish between the best interests of a neurotypical child and a special needs child, although these can be significantly different depending...

Australian Court System about Unvaccinated Despite the Coronavirus pandemic continuing to make waves across the country, it is not compulsory to be fully vaccinated against COVID-19. Presently it is up to an adult individual to make this decision for themselves or a parent to make this decision for their underage child. The right to make such a decision is typically referred to as “freedom of choice”.  At James Noble Law we support and respect everyone’s right to make the choice...

Children Vaccination Update in Australia In the midst of the global Coronavirus pandemic, the Australian Government recently announced that children aged 5 to 11 are now eligible to receive the Covid-19 vaccinations, should their parents wish for them to. But what happens if you and your former partner cannot agree on whether or not to vaccinate your child?  The Covid-19 vaccinations are administered in 2 doses, given 8 weeks apart. The time between the vaccinations can be reduced to 3...