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…
Continue Reading
In a recent Appeal of a decision of the Family Court of Australia, the Appellant Court reviewed orders between the parties in respect of their two children under Pt VII of the Family Law Act 1975. The orders made provision for the children to live with the mother and for her to have…
Continue Reading
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…
Continue Reading
Binding Child Support Agreement or Limited Child Support Agreement? When parents reach an agreement in relation to child support, there are two options available to formalise that agreement. Those two options are: A Binding Child Support Agreement; and A Limited Child Support Agreement. What is the Binding Child Support Agreement?…
Continue Reading
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…
Continue Reading
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…
Continue Reading
Every day the number of children born via surrogacy arrangements in Australia and overseas is increasing significantly. By definition, surrogacy is a form of assisted reproductive technology whereby a surrogate mother offers to carry a baby through pregnancy on behalf of another person or couple (who medically or socially are…
Continue Reading
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…
Continue Reading
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…
Continue Reading
Are you separated under one roof? If you and your partner are contemplating a divorce, you have also most likely considered living separately during the process. Although it is a requirement for you and your partner to be separated for a minimum of 12 months prior to filing an Application…
Continue Reading
