Tag: family law brisbane

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...

How Australian Lawyers are getting hurt? Australian Lawyers getting hurt as a result of Covid-19 shutdowns. Digital Disruption leading them back to work. Like most other industries, the legal fraternity is seeing difficulties with the continuing lockdowns in many states and area hotspots. The legal profession can be proud of the way it has adapted to servicing clients and continuing to work from remote locations however some layers have seen their firms suffer financially as a result. Lawyers are using...

No-Fault Divorce in Australia For decades, if you wanted a divorce in Australia, you had to prove your spouse was to blame. No-fault divorce was not legal by local law. The grounds ranged from habitual drunkenness to adultery, and many cases involved the use of private investigators. Some couples who privately agreed to separate would even have to stage adulterous trysts for later evidential use in court. This all changed in 1975 with the introduction of "no-fault divorce" and the Family...

You have had counselling with your partner and possibly your own counselling to solve Parental Responsibilities. Matters cannot be resolved. You have received financial advice to know what your financial future holds. You have endeavoured in every way possible to negotiate with your partner but without success. The stumbling block seems to be who is to care for your children. However, you may have been successful in taking Parental Responsibilities. If you have been able to work out a parenting...

How to Obtain an Australian Child Passport for My Child After Separation? Before obtained an Australian Child Passport, the Passport Office requires the child’s parent or any other person with parental responsibility to provide written consent to the passport being issued. Therefore, the easiest way to obtain an Australian Child Passport is to receive consent from the other parent. However, this will not always be possible. In circumstances where the other parent refuses to provide written consent or does not...

Family Law System and Child Support What is the joint parliamentary committee inquiry about? The Prime Minister issued a media release on 17 September 2019 announcing the Government will undertake a Joint Parliamentary Committee of both the House and the Senate to conduct an inquiry into the Family Law system. The inquiry is to be led by Liberal MP Kevin Andrews. The inquiry was initially triggered by accusations that the court system as it currently stands is failing vulnerable Australians....

Who Is Responsible For Payment of School Fees and Extra-Curricular Activities Post Divorce? A major concern amongst parents who have children under their care is the payment and costs associated with extra curricular activities. As sport, music, dance, and other similar activities are popular with children of all ages, the costs associated with these can be quite significant over a long period of time. Unlike child support payments which are determined upon set criteria and formula, non-periodic payments associated with...

Family Law Proceedings in Australia When a marriage or relationship breaks down, a typical disagreement between the parties relates to the arrangements of the children, including where they live, attend school and spend time with. These issues may be further complicated if one parent wishes to relocate as a result of family violence, abuse, or other major issues. If disputes of this nature are unable to be resolved through preliminary mediation or dispute resolution, parents may need to apply for...

What's the Solicitor's role in Family law proceedings? The role of solicitors in Family Law proceedings may not be known to the parties before commencing the legal representation. In the case of Simic& Norton [2017] FamCA 1007, Justice Benjamin was critical of both parties’ solicitors, describing their actions as fuelling a negative culture of “bitter adversarial and highly aggressive litigation”. His Honour referenced correspondence that had been sent between the solicitors which did not reflect the appropriate professionalism expected of...

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...

Parental Alienation As modern family structures have become increasingly complex in today’s society, so too has the threat of parental alienation. Parental alienation occurs when one parent influences the child against the other parent. This usually happens when both parties are seeing the children on a regular basis but are separated and no longer living together. Unfortunately, in most cases, this kind of emotional manipulation is unknown to both the child and the parent before it becomes a serious issue....

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...

What Does Structural Reform of the Federal Court Mean To You? On 30 May 2018, the Government proposed to establish the new Federal Circuit and Family Court of Australia (FCFCA), amalgamating the two courts together under a new regime. In addition to this proposed structure, a new Family Law Appeal Division will be created to hear appeals from the FCFCA regarding family law matters. The implementation of the new structure commenced operation on 1 January 2019. There will now be...

Do you know the New Smoking Laws QLD? Current and New Smoking Laws QLD Australia New Smoking laws QLD was originally restricted in certain areas such as indoor dining areas and other licensed premises under the Tobacco and Other Smoking Products Act 1998 (Qld). Amendments to this legislation in 2004 resulted in stricter bans, with children’s playgrounds, stadiums, beaches, and near entrances of buildings and public transport making the list of restricted areas. Smoking laws subsequently included the outdoor eating...

Is Drink Driving Only Applicable For Cars? Nope! If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of the current drink driving charge in Queensland. However, these are not the only forms of transport you are able to be caught drink driving. Do you know the laws? The Transport Operations (Road Use Management) Act 1995 (Qld) provides an array of different...

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...

Sentencing Factors When pleading guilty or being found guilty of an offence, the Judge is required to consider a range of factors when imposing a sentence. There are many different categories of sentences, including fines, community-based orders, probation or a term of imprisonment. When considering what sentence should be imposed, the Judge must have regard to several relevant principles including to: - Punish the offender; Assist the rehabilitation of the offender; Protect the community from the offender; Deter the offender...

Bringing Family Law Matters Urgently As most couples who suffer a breakdown of the relationship or marriage want to sort out the matter as soon as possible, it is common for parties to try and bring proceedings as soon as possible, especially in situations involving children. However, before parties engage with the Court process, it is necessary for parties to attend mediation. Requirement of Mediation Before the Family Court will hear a matter, the parties must attend mediation and obtain...

Sentencing Approaches Undertaken by the Australian Court In the last five years, the High Court of Australia has heavily criticised sentencing principles that implement an oversimplified approach and place significant weight to broad sentencing ranges and individual factors. As a result of this increased criticism, the court’s approach has slowly shifted to sentencing approaches which implement an order determined on balancing all circumstances of the case to reach a single judgement, as opposed to specific process or components. Historical Approach...