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 decided depending on it’s own circumstances and there are a number of considerations the Court takes into account. These considerations are broken down into “primary” considerations and “additional” considerations. The...
Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? [caption id="attachment_12266" align="alignright" width="374"] Mediating Parenting Matters[/caption] 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 and made a genuine effort to resolve the dispute; To confirm both parties attended mediation but one party did not make a genuine...
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 an adult. The Stepparent is an Australian Citizen or the spouse of an Australian Citizen. The Stepparent is ordinarily resident and living in Queensland. The Stepparent has lived with the...
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 and decision within 12 months of filing an Initiating Application. For years, the Family and Federal Circuit Court’s have been overworked, understaffed, and plagued by constant delays and adjournments of...
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 behalf of a parent, then that parent may be required, via Court Orders, to undertake some form of drug testing. The drug testing can include urine samples and hair follicle...
Punishment For Breach of a Family Court Order [caption id="attachment_11982" align="alignright" width="300"] Punishment For Breach of a Family Court Order[/caption] 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 suspended. This arose because the mother had failed on numerous occasions to allow her child to spend time...
[caption id="attachment_11837" align="alignright" width="300"] mental capacity assessment[/caption] 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 since 2008. Ms Spears primary objection is that the conservatorship is no longer warranted and that it has become oppressive and used as...
It is very important that your Will is always current and up to date. Why? If the Coronavirus Pandemic has taught us anything, it’s that the future is unknown and preparation is key. So, why should you update your Will? There are a number of reasons why this important task should be a priority for you. If anyone in your Will has died (i.e. Executor or Beneficiary), they should be removed. If your financial position has changed. If you have...
[caption id="attachment_11851" align="alignright" width="300"] Family Court jurisdiction support the child being vaccinated[/caption] 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 make it much more difficult for the child. The Court considered that in these circumstances it would be...
Australian family law act determines your entitlements to property James Noble is a familiar face and expert family lawyers in Brisbane have suggested some way to get your Property by the Australian Family Law Act. If you are searching for legitimate advice before divide family property. This article can be a cool source to help you make the thing happen legally and by the Australian Family Law Act. The four-step approach of the Family Law Act which was adopted by...
Working Remotely with The Best Law Firm Australia, ain't no joke! To successfully start working remotely for the best law firm in Australia, it is imperative that you have excellent Workplace Communication in place. Communication is especially important in the workplace; this is what drives increased productivity, improves morale and efficiency. It helps foster an excellent working relationship between you, your boss, and your colleagues. Therefore, at James Noble Law we start the day with a Microsoft Teams meeting and...
What is the family law act 1975? Family law act 1975 is the Laws relating to marriage and divorce and the reasons relating to marriage and with it and otherwise the financial responsibility of the parents of the children and the de-facto relationship and some other matters relating to divorce. What is the purpose of the Family law act 1975? The Family Law Act 1975 focuses on the rights of children and the responsibilities that every parent has towards their...
Online Divorce Application Options What Happens If My Ex Won’t Sign the Divorce Papers? Divorce can be a very difficult time in both parties’ lives. But here you can find a better solution for Online Divorce Application. Sometimes after the breakdown of a marriage, one party has difficulty in accepting this fact and may refuse to sign divorce papers. Other situations might involve a controlling ex-partner or parties who believe they will get back together. For whatever reason, if the...
Bankruptcy Act 1996 and Family Law Act 1975 - AustLII and Divorce Loopholes Under the bankruptcy act 1966 law, creditors are unable to claim against a person’s estate if that person has declared bankruptcy. However, there are certain situations where the bankruptcy act 1966 can be orchestrated to appear this way, so as to purposely avoid paying debts. Calls for Divorce Loophole Crackdown: Criminals Skirting the Law The recent case involving Michael Williamson, disgraced former Health Services Union Boss, highlights...
The Impact of Criminal Law in Family Law Jurisdiction Criminal Law in family law: Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to the effect of section 61DA(2)(B). Effect of Family Violence Orders on Parenting Orders The Family Court may enforce a Family Violence Order against a parent of...
Joint Collaborative Mediation with a collaborative trained solicitor and psychologist I am an Accredited Family Law Specialist. Over the many years that I have been in practice I have been involved in all facets of Family Law Brisbane and in all areas of Family Law mediation varying from the basic Legal Aid Conferencing to participating in mediation as a lawyer to clients and in the capacity as a mediator. I have observed legal professionals acting as mediators and have observed...
Family Law Act amendments from Federal Government The Family Law Act amendments occurred in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements. The amendments allowed the Court to transfer entitlements in the fund of one of the parties to the other. The person receiving the benefit of the entitlement in the other party’s fund would keep that entitlement in the fund or roll the entitlement out into a fund of that party’s...
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...