Category: Children Matters

In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is decided depending on it’s own circumstances and there are a number of considerations the Court takes into account. These considerations are broken down into “primary” considerations and “additional” considerations. The...

Binding Child Support Agreement or Limited Child Support Agreement? When parents reach an agreement in relation to child support, there are two options available to formalise that agreement.  Those two options are: A Binding Child Support Agreement; and A Limited Child Support Agreement.  What is the Binding Child Support Agreement? A Binding Child Support Agreement is a contract between the parents which sets out the terms of the agreement they have reached in relation to the amount of child support...

Are you considering changing your child’s name?  For children born or adopted in Queensland, parents may change their child’s first name once before the child turns one (1) and parents may change their child’s family name no more than once every twelve (12) months.  Both parents must consent to the change of name and the child himself or herself must consent to the change, if they are over twelve (12) years of age.  To change your child’s name there are...

The most important thing to remember as any parent, and just as much so in separated families, is that you must be proactive and protective should your children face a serious or significant threat. You must protect them from any real potential harm regardless of whether there is a parenting plan in place, Court orders or simply an agreement between the parents in split family situations where care is shared. So, yes you should withhold a child if there is...

In parenting proceedings, parties are required to complete a Court form titled Notice of Child Abuse, Family Violence or Risk which discloses any allegations the parent may have against the other party which places children at risk.  If a party alleges there is a drug or substance abuse problem on behalf of a parent, then that parent may be required, via Court Orders, to undertake some form of drug testing. The drug testing can include urine samples and hair follicle...

[caption id="attachment_11851" align="alignright" width="300"] Family Court jurisdiction support the child being vaccinated[/caption] Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated.  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...

Child support can be managed between the parties in a number of ways. Some parents prefer to and are able to have very flexible and informal arrangements between them. Others prefer that their arrangements are managed via the Child Support Agencies – and other parents formalise their arrangements via a Private Agreement.  A private Agreement determines how the expenses which may not necessarily be covered or considered sufficient under a child support assessment, completed through the Child Support Agency, would be...

Parenting Plan About Future Care Arrangements for your Children Are you and your former partner discussing the future care arrangements for your child or children?  If so, perhaps consider entering into a Parenting Plan.  It is a private agreement between two parents which can detail the agreed arrangements in relation to a child/children. This includes provisions for the time, school holidays, special occasions, telephone communication, etc. A Parenting Plan when signed by both parties then comes into effect. And it...

Notice of Child Abuse, Family Violence, or risk in Parenting Proceedings If you commence or respond to parenting proceedings, you will be required to file a Notice of Child Abuse, Family Violence, or risk, an Application or Response will not be accepted for filing without the notice. This document alerts the Court to possible risks to the child or children or even the parties themselves involved in the litigation. The most prevalent risks are often categorized as neglect, emotional abuse,...

You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds. You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children. However, you may have been successful in taking Parental Responsibilities. If you have been able to work out a parenting...

As with many professional services sectors, law professionals generally really only sell their time. And, as we all know very well, time is money. So if you are searching for legal advice the family lawyer cost can be higher depending on the expertise level of your attorney. In the interest of saving everyone time (and money), we've compiled a shortlist of items to consider if budget is a factor (and let's face it that it probably is!). Keep these in...

Who Liable to provide Financial help for single mums During Pregnancy? Financial help for single mums: What happens if you are pregnant and the father is no longer willing to raise the child or provide pregnancy financial assistance? Is the father still liable to pay relevant costs? Essentially, the answer is - yes. The biological father of a child is liable to Financial help for single mums During Pregnancy and also the costs associated with pregnancy and raising the child....

What are family report writer interview questions, Examples, Recommendations, and Interview What is Family Report? Before talking about family report writer interview questions, let's talk briefly about Family Report. A family report is a document written by a court-appointed family counselor. It provides an independent assessment of the issues in the case and can help the trial judge decide on child / rental arrangements. This can help the parties reach an agreement. What does a family report writer do for...

Who Is Responsible For Payment of School Fees and Extra-Curricular Activities Post Divorce? A major concern amongst parents who have children under their care is the payment and costs associated with extra curricular activities. As sport, music, dance, and other similar activities are popular with children of all ages, the costs associated with these can be quite significant over a long period of time. Unlike child support payments which are determined upon set criteria and formula, non-periodic payments associated with...

Biggest Issue on Child Custody Australia Child Custody Australia has One of the biggest issues facing Multi-national Australian families is parenting arrangements and custody of children. The 2011 Census suggests nearly half of the Australian population has one parent who was born in another country. As Australia has one of the highest intermarriage rates and divorces in the world, this often leads to international child custody disputes. Under Australian law, the Family Court will not allow one parent to move...

CHILD VIEWS IN PARENTING ARRANGEMENTS FOR THE 0-4 YEAR AGE GROUP How the Child’s View Affects Custody Disputes? Before imposing an order, the Court will always consider what Parenting Arrangements are in the best interests of the child. In determining the best interests of the child, any views expressed by the child will be taken into consideration. During this process, the Court will place appropriate weight to these views depending upon various factors such as the child’s maturity and understanding...

Are you Adopting a child in Queensland? The term ‘Adopting a child in Queensland’ refers to the process of transferal of legal rights and responsibilities of parenthood from one set of parents to another. This includes both the process of adopting a child into a family and, those parents who wish to place their existing child into adoption for various reasons. In Queensland, adoptions must be organized through Adoption Services Queensland, as it is currently unlawful for persons to privately...

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...