Can Family Court Make An Order In Relation To An Unborn Child?

03 Feb
2020

Can Family Court Make An Order In Relation To An Unborn Child?

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.…

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30 Jan
2020

Who Pays for Schooling and Extra Curricular Activities?

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…

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13 Dec
2019

Equal Shared Responsibility and Major Long Term Issues

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…

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25 Nov
2019

When can children decide which parent to live with in Australia?

Can children decide 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…

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01 Oct
2019

Child Custody Australia and International Law

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…

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23 Sep
2019

Did you ever think about your Child Views on Parenting Arrangements for the 0-4 year age group?

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…

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03 Aug
2019

Parental Conflict and Effect 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…

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23 Apr
2019

Mental Health Conditions and Parenting Arrangements in Family Law Proceedings?

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…

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10 Apr
2019

Retaining A Meaningful Relationship with Both Parents

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…

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03 Apr
2019

Sperm donation Brisbane Law, Parental Responsibilities and Legislation

Law of "Sperm donation Brisbane", Parental Responsibilities and Legislation Although Sperm donation Brisbane have 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…

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