Tag: Child Custody

In Cairns, like many other places, family law matters can often be emotionally charged and complex. While some cases may seem destined for litigation, alternative dispute resolution methods offer families an opportunity to resolve their issues outside of court. These methods prioritise collaboration, communication, and reaching mutually beneficial solutions. In this blog, we'll delve into the various ADR methods available for family law matters in Cairns, highlighting their benefits and considerations. Understanding Alternative Dispute Resolution [caption id="attachment_17986" align="alignright" width="350"] Alternative...

Family law matters are often emotionally charged and complex, requiring careful consideration and professional guidance to navigate successfully. In Far North Queensland, specifically in Cairns, there are various legal services available to assist individuals and families facing challenges in areas such as divorce, child custody/living arrangements, and property settlement. This blog aims to shed light on the diverse range of family law services in Cairns, empowering residents to make informed decisions during difficult times. Divorce and Separation [caption id="attachment_17879" align="alignright"...

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...

When faced with family law matters, finding the right lawyer is crucial to navigating the complexities of the legal system and securing the best possible outcome for your family. In Brisbane, Queensland, selecting the right family lawyer requires careful consideration. Here are some tips to help you make an informed decision: Specialisation in Family Law [caption id="attachment_17705" align="alignright" width="350"] Right Family Lawyer[/caption] Look for a lawyer who specialises exclusively in family law. This ensures they have a deep understanding of...

Domestic violence is a deeply concerning issue that affects countless individuals and families across the world. In Cairns, Australia, this problem is no exception. However, the good news is that there are numerous resources and support systems available to assist victims of domestic violence. Outlined below are some of the essential resources and organisations that provide assistance and hope to those most in need. Queensland Police Service [caption id="attachment_18076" align="alignright" width="350"] Domestic Violence Resources for Victims[/caption] In emergency situations, the...

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...

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...

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...

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...

Australian Criminal Law The international US story of a 34-year-old female teacher (Letourneau) who seduced one of her 12-year-old students (Fualaau) into a relationship raises clear questions as to how this situation would be dealt with under Australian Criminal Law. Letourneau originally pleaded guilty to two counts of felony second-degree rape of a child in 1997 and was sentenced to seven years imprisonment as a result. As this is a US case, the legal position is slightly different in the...

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...

Some Common Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not. Let’s take a...

Coping During Separation and Divorce There are not many moments we’ll encounter in life than can be more stressful and depressing than going through the breakdown of a romantic relationship. Throw the process of a divorce into the mix and things can become even more confusing and exasperating. Here are a few top tips to focus on when enduring this stressful period, helping you to cope better throughout the process. If You Have Children, Put Them First Separation and divorce...

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...

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...

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...