What do I need to consider before commencing Court Proceedings against my Ex in the Federal Circuit and Family Court of Australia

29 Nov
2021

What do I need to consider before commencing Court Proceedings against my Ex in the Federal Circuit and Family Court of Australia

From 1 September 2021 the Federal Circuit Court and Family Court of Australia has implemented new Pre-Action Procedures that must be adhered to and followed prior to anyone commencing Court proceedings.  The aim of the Pre-Action Procedures are to give the matter a chance at resolving amicably before the pathway…

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08 Nov
2021

What Are Considered The Best Interests of the Child?

In parenting matters, the Court’s main focus is making orders that align with the children’s best interests as this remains the paramount consideration. But how does the Court determine what is in the best interests of the child? There is no hard and fast rule for this. Each case is…

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01 Nov
2021

Mediating Parenting Matters & S60I Certificates

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? The mediation certificate is also known as a Section 60I Certificate and is issued by registered family dispute resolution providers in the following circumstances: To confirm both parties attended mediation…

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22 Oct
2021

Adoption and Being a Stepparent in Queensland

The adoption process in Queensland is managed by the government organisation Adoption Services Queensland.  A child’s Stepparent (being either married or in a de facto relationship with the parent of the child) can make an application to adopt the child if they can satisfy the below criteria: The Stepparent is…

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18 Oct
2021

Federal Circuit and Family Court Merger

On 1 September 2021 the Family Court of Australia merged with the Federal Circuit Court of Australia. The new Court referred to as the Federal Circuit and Family Court of Australia has a primary aim to finalise 90% of property or parenting matters by way of providing a final judgment…

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06 Sep
2021

Drug Testing Parents in the Federal Circuit and Family Court of Australia

In parenting proceedings, parties are required to complete a Court form titled Notice of Child Abuse, Family Violence or Risk which discloses any allegations the parent may have against the other party which places children at risk.  If a party alleges there is a drug or substance abuse problem on…

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30 Aug
2021

Was Imprisonment Fair Punishment For Breach of a Family Court Order

Punishment For Breach of a Family Court Order In a recent decision of the Family Court, it was ordered that a mother serve an immediate term of imprisonment of 14 days and further that she be subject to a further term of imprisonment of 14 days which will be fully…

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17 Aug
2021

How Britney Spears Is Taking Control & Gaining Capacity Without Being Toxic?

Britney Spears is making international headlines yet again, but this time there’s no new album being released or a shot gun Las Vegas wedding. Ms Spears actively continues to strongly oppose the conservatorship which granted her Father control over her finances, financial and personal decisions that has been in place…

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02 Aug
2021

Objection to vaccination of children Family Court jurisdiction

Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated.  The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and…

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26 Jul
2021

More Funding for the Courts

More Funding for the Family Court and Federal Circuit Court of Australia.  The recently announced 2021-2022 Budget has allocated $100 million over 4 years to the Family Court and Federal Circuit Court of Australia.  It is hoped that this increased funding will assist in reducing the significant delays associated with…

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