[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...
Dealing with Parental Alienation [caption id="attachment_16725" align="alignright" width="300"] Parental Alienation[/caption] Parental alienation is the psychological manipulation of a child into showing unfounded fear, contempt or hostility towards a parent that is unjustified. Alienation is certainly a common counter-allegation when accusations of family violence and abuse are made in family law proceedings. The concept of alienation syndrome is quite controversial, and many argue that it does not exist. In fact, it is so divisive that the Office of the United Nations...
Sleeping Arrangements - Parenting Matters [caption id="attachment_16719" align="alignright" width="300"] Sleeping Arrangements : separation with young children[/caption] Going through a separation with young children can be challenging. The child’s age can often be weaponised and used as a way to limit access for the parent that does not have primary care. The age group of 0-4 years is significant in the development of the child’s brain and learning. They form critical attachments and emotional bonds with their caregivers during this time....
What Happens If One Party Goes into Aged Care? [caption id="attachment_16637" align="alignright" width="300"] Family Law in Later Life Relationships[/caption] The High Court decision in the case of Fairbairn v Radecki [2022] HCA 18, is relevant in considering how a settlement might occur if one party were to enter aged care. The facts of Fairbairn v Radecki are as follows: The female appellant and male responded were in a later-in-life relationship commencing in 2010 in the state of New South Wales;...
What is the Evatt List [caption id="attachment_15920" align="alignright" width="300"] The Evatt List – Federal Circuit and Family Court of Australia[/caption] Brisbane registries of the Federal Circuit and Family Court of Australia have a specialist list for “parenting only” cases, called the “Lighthouse Project” whereby matters classified as “high risk” are referred to the Evatt List. The Evatt List is a specialist Court list for eligible cases that are classified as ‘high risk’ are managed using intensive case management processes and...
Paid Domestic Violence Leave For Employees [caption id="attachment_16616" align="alignright" width="300"] Paid Domestic Violence Leave For Employees[/caption] Paid Domestic Violence Leave: The Fair Work Ombudsman has introduced Family and Domestic Violence leave for employees. Paid family and domestic violence leave was made available for employees of non-small businesses (businesses with over 15 employees) from 1 February 2023. Employees who work for small businesses (less than 15 employees), will be able to gain access to this paid leave from 1 August 2023,...
Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift. See brochures: “Before you file – pre-action procedure for parenting cases” and “Before you file – pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their duty...
Matrimonial Home Principles which are Applicable to Sole Use and Occupation The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there are no words...
5 Key Traits of a Female Narcissist Narcissistic personality disorder (NPD) is a mental health condition characterized by a grandiose sense of self-importance, a need for admiration, and a lack of empathy. While both men and women can have NPD, research suggests that female narcissists may use different tactics than their male counterparts to get what they want. Here are five traits of a female narcissist to watch out for in a relationship. Self-absorption One of the hallmarks of NPD...
What are the Principles under Section 114(1) of the Family Law Act in Australia? The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there...
PARENTING – Schooling – Where the parents seek that their children attend different schools The relevant authorities set out some of the applicable principles as follows: Schooling disputes are not resolved by the application of a “blanket presumption” or preference for the views held by the residential parent. The Court is required to apply the objects and principles of Part VII of the Family Law Act and to consider the statutory criteria in forming conclusions about the child’s best interests. Section...
Application for undefended proceedings [caption id="attachment_16383" align="alignright" width="350"] Application for undefended proceedings[/caption] The Court can make Orders where a party has been given an opportunity to participate in the proceedings but fails to do so. Principles The Family Law Rules provide mechanisms that allow the Court to determine a case if a party does not comply with the Rules, Family Law Regulations, or procedural orders. Family Law Rules 1.33 states: Failure to comply with a legislative provision or order (1)...
Legal Costs in family law proceedings: Overview and Legal Framework [caption id="attachment_16375" align="alignright" width="350"] Legal Costs in family law proceedings: Overview and Legal Framework[/caption] The law relating to costs in family law proceedings is well settled and set out in detail in the Full Court decision of Parke & The Estate of the Late A Parke. General Presumption and Exceptions An application for costs is governed by s 117 of the Family Law Act 1975 (Cth) (“the Act”). Section 117(1) of the Act sets out the...
Breaches of Financial Court Orders and Enforcement [caption id="attachment_14773" align="alignright" width="350"] Breaches of Financial Court Orders and Enforcement[/caption] Breaches of Financial Court Orders are common, though not ideal in Family Law matters, especially for property matters where large sums of money are to be paid and transfer of property is to be arranged. In general, financial orders require payment of a sum of money or the transfer of property/chattels. When a party refuses or fails to pay the sum or...
Property proceedings - Family Court of Australia - Full Court [caption id="attachment_11763" align="alignright" width="350"] Property proceedings - Family Court of Australia - Full Court[/caption] Barnell & Barnell [2020] FamCAFC 102 This case looked at the principles relevant to the assessment of contributions determining property proceedings pursuant to s 79 of the Family Law Act 1975 Applicable principles It is well-settled by the authority that the assessment of contributions under s 79 of the Act is not a mathematical exercise. Evaluating Disparate Contributions Contribution, either direct...
Understanding Defacto Relationships [caption id="attachment_16310" align="alignright" width="350"] Understanding defacto relationships[/caption] Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in determining whether it is one of a couple living together on a genuine domestic basis. Section 4AA(2) sets out some of the circumstances to be considered, including “whether a sexual relationship exists”, and Section 4AA(3) provides in effect that no particular...