Category: Childrens Matters

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...

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...

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...

Surrogacy act QLD: Are Surrogacy Arrangements Legal In Queensland? Prior to the 1st of June, 2010, the surrogacy act QLD was illegal. Since that date the laws have changed, leaving couples who can’t conceive free to source a willing surrogate mother to carry their child full term. However, there is one key condition. The surrogate mother cannot receive payment for performing the surrogacy service. This is known as the altruistic arrangements of the surrogacy act QLD. Where payment for services...

How Our Children are Exposed? Children exposed to disturbing content on the home computer, despite the best intentions and efforts of parents who have installed filters and monitoring systems to protect their children from inappropriate content. Children whose parents believe they are watching harmless and age-appropriate videos (such as Pepper Pig and Frozen), may be exposed to disturbing violent or pornographic content involving their favorite characters. Disturbingly, this content isn’t picked up or caught by YouTube and YouTube Kids and...

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...

Child maintenance If negotiation fails, a party who has the care of the children can apply to the Child Support Agency for child support for the children. An application is made to the Agency and considered by the Registrar of that Agency. The child support payable is based on a formula which depends on the incomes of the parties and the care of the children. The Child Support Agency will determine the amount of child support payable, which is normally...

How To Be A Responsible Shared Parent Shared parental responsibility: Where the children should live and how much time they should spend with the other parent or other significant adults in their lives are now subject to the Family Law Act.  This came into effect in 2006. 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...