Category: Childrens Matters

How to Obtain an Australian Child Passport for My Child After Separation? Before obtained an Australian Child Passport, the Passport Office requires the child’s parent or any other person with parental responsibility to provide written consent to the passport being issued. Therefore, the easiest way to obtain an Australian Child Passport is to receive consent from the other parent. However, this will not always be possible. In circumstances where the other parent refuses to provide written consent or does not...

Family Law System and Child Support What is the joint parliamentary committee inquiry about? The Prime Minister issued a media release on 17 September 2019 announcing the Government will undertake a Joint Parliamentary Committee of both the House and the Senate to conduct an inquiry into the Family Law system. The inquiry is to be led by Liberal MP Kevin Andrews. The inquiry was initially triggered by accusations that the court system as it currently stands is failing vulnerable Australians....

Do Grandparents Have Legal Rights in Australia? Grandparents rights qld in Australia: The Family Law Act states the importance of children having a relationship with grandparents and other significant family members. Although The Family Law Act ( GRANDPARENTS EXTENDED FAMILY ) does not give Grandparents rights to see their grandchildren, it does provide the right to seek Court Orders which would allow them to spend time with the children. In some situations, the orders sought from the Court may include an...

Can Family Court Make An Order In Relation To An Unborn Child? No! The Family Court is powerless to make orders prior to the birth of the child. As a family lawyer, I often receive inquiries from soon-to-be fathers wanting to know their rights in relation to their unborn child. In a recent matter, the father gave instructions in relation to his partner’s pregnancy. The expected date of birth of the child was three weeks from the date I received...

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...

Equal Shared Parental Responsibility A typical parenting order made by the Court will involve equal shared parental responsibility. This essentially means that both parents are required to consult each other on the major long-term issues of the children which relate to the order. Whilst the definition of “major issues” is not meant to be exhaustive, the five most common issues related to: The child’s education (both currently and any future needs); The child’s religious and cultural upbringing (this is particularly...

Can children decide which parents to live with? Which parents to live with? When determining the living arrangement for children post-separation, parents often wonder at what age can children decide who to live with themselves. It is important to understand there is no one standard age that must be met. The reality of this question is that each case is different. No specific age requirement exists under the current family law regime. Although many people believe a child who is...

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...

What does Parental Conflict Impact on Children? Parenting disputes involving high levels of conflict and animosity between the parties often lead to children of the relationship developing emotional, social, and behavioural problem in addition to negatively impacting concentration and educational achievement. These conflicts also affect how children view the safety and security of their homes, as they often blame themselves for the Parental Conflict. Parenting arrangements involving high levels of conflict and anger post-separation are twice as likely to foster...

How Do Mental Health Conditions Affect Family Law Proceedings? If you have been diagnosed with a mental health condition, this can impact both child welfare/parenting arrangements addition to property disputes. However, a mental health condition does affect or have relevance to divorce proceedings (family law proceedings)  (provided there are no children in the relationship). Mental Health in Parenting Disputes The first and foremost principle applied by the Court in any parenting proceeding is placing the welfare of the child as...

Healthy and meaningful relationship Last year a Court dispute between Brad Pitt and Angelina Jolie resulted in the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have a healthy and meaningful relationship with both parents”. The new order changes the original full-time custody arrangements in favor of Jolie to allow Pitt anywhere between...

Law of "Sperm donation Brisbane", Parental Responsibilities and Legislation Although Sperm donation Brisbane has historically been subject to anonymity in Australia, recent legislative reform and case law suggest a definitive movement towards inclusion within Family Law and Parental Responsibility. In all states and territories of Australia, donating sperm anonymously is now banned through legislation or mandatory guidelines. Whilst cases involving sperm donors are quite infrequent, the importance to both the Child Support Assessment Act and the Family Law Act is...

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...

Before obtaining approval for a child passport, the Passport Office requires the child’s parent and/or any other person with parental responsibility to provide written consent for the passport being issued. Therefore, the easiest way to obtain a passport is to receive consent from the other parent. However, this will not always be possible. Child Passport on Special Circumstances In circumstances where the other parent refuses to provide written consent or does not show any inclination of supporting the allocation of...

Do it for the kids. Separation and divorce are tough on everybody involved, and it can be even harder on children. While adults are often struggling to understand what went wrong, the kids often have no idea why their beloved parents are separating and no longer want to live together. Here we’ll look at a few tips to try and help your children through the process. Try and Maintain a Civil Relationship Some relationships end on mutual terms, and some...

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...

Payment and Recovery of a Child Support Debt If an application has been lodged with the Child Support Agency, and for whatever reason, there is a debt outstanding on the assessment of child support by the agency, how is that debt recovered? An assessment for child support by the Child Support Agency is normally paid by the employer of the person who owes child support (the payor). The person, normally the father, who is required to pay child support, will...

What about the Children?  Considering the Psychological Impact of Family Breakdown on Children. The way parents handle a separation can have a huge impact on how well their children cope with it. Research has shown that children from families where parents are involved a high conflict separation are at greater risk of developing emotional, social and behavioural problems. Parental conflict has a negative impact on a child’s adjustment and sense of safety at a time when they are already experiencing...

The principals in the legislation QLD are summarised as follows: “The law will take the view that parenting is a responsibility which should be shared and, in most cases, parents will need to consult and agree on the major of issues affecting their children.” “Where both parents share responsibility, consideration will also be given to the children spending equal or at least substantial time with both parents providing that this is practical and not contrary to the best interests of...

Are you considering separation? What to do if you are considering Separation? A separation in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face. Separation can be devastating for everyone involved. How well you handle a separation will impact how well you and your family cope now and in the future ? Are the traumas and conflicts that you are now facing...