Category: Childrens Matters

Child Custody Disputes in Cairns In Cairns, the Family Law Act plays a pivotal role in shaping the resolution process for parents embroiled in disputes over their child's parenting arrangements. A crucial step mandated by this Act is the attendance of mediation for parents who cannot reach an agreement on their own. Before initiating an Application for a parenting Order in the Federal Circuit and Family Court of Australia, they must first obtain a Section 60I Certificate, a prerequisite highlighting...

If you find yourself in a situation where changing a child's name is necessary but obtaining consent from the parents listed on the original birth certificate proves challenging, you may need to seek an Order from the Magistrates Court. Here's a concise guide to help you through this endeavour. Step 1: Initiating the Process [caption id="attachment_17681" align="alignright" width="350"] Name Change Process[/caption] Begin by completing the Originating Application (Form 5), available on the court's website. This form must be submitted in...

Child relocation cases in the Cairns Family Law Courts, like in any other jurisdiction, can be emotionally charged and legally complex. These cases arise when one parent seeks to move away with their child or children, and the other parent opposes the relocation. Deciding on such matters is always a challenging task, as it requires the court to balance the interests of both parents while keeping the best interests of the child at the forefront. The Legal Framework [caption id="attachment_17505"...

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...

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...

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...

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...

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...

Over the past few years, criminal law and family violence have increasingly interconnected with family law and child protection matters.   At times family law matters, especially when involving children, can often reveal the complexities within a family, and therefore it is not uncommon for these complexities to also include some criminal elements which in family law can also be considered family violence.  It is important to understand that this does not necessarily mean that the criminal elements/family violence are due...

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...

From 1 September 2021 the Federal Circuit Court and Family Court of Australia has implemented new Pre-Action Procedures that must be adhered to and followed prior to anyone commencing Court proceedings.  The aim of the Pre-Action Procedures are to give the matter a chance at resolving amicably before the pathway of litigation is commenced.  The new Pre-Action Procedures are set out in Schedule 1 of the Federal Circuit Court and Family Court Rules 2001 and include the following: Providing the...