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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20 Nov
2021

Unacceptable risk: Appeal against parenting orders & Allegations of sexual abuse

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…

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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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11 Oct
2021

Limited or Binding Child Support Agreement – Which Should You Choose?

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?…

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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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23 Aug
2021

Different Rules You Should Know About Surrogacy Laws in Australia

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…

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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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06 Jul
2021

Separated and Living Under One Roof? Here’s something to Consider

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…

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