Tag: parenting orders

Family law is a multifaceted and emotionally charged area of legal practice. One of the most critical and urgent aspects within this field is the issue of recovery orders. In Cairns, Queensland, as in the rest of Australia, recovery orders are a legal mechanism used to ensure the return of a child to their rightful guardian or to safeguard their welfare in cases of parental abduction or wrongful retention. This comprehensive guide delves into the intricacies of recovery orders, their...

In Queensland, there are various ways in which separated parents can formalise parenting arrangements. Each method will vary depending on the facts of your individual circumstance and this blog aims to refine the pros and cons of each option. Definitions [caption id="attachment_17814" align="alignright" width="350"] Parenting Arrangements[/caption] Before we begin outlining the different approaches, it is useful to understand the following terms which are central to parenting matters in Queensland: Presumption of equal shared parental responsibility When making a parenting order,...

Child Custody Disputes in Cairns In Cairns, the Family Law Act plays a pivotal role in shaping the resolution process for parents embroiled in disputes over their child's parenting arrangements. A crucial step mandated by this Act is the attendance of mediation for parents who cannot reach an agreement on their own. Before initiating an Application for a parenting Order in the Federal Circuit and Family Court of Australia, they must first obtain a Section 60I Certificate, a prerequisite highlighting...

[caption id="attachment_17640" align="alignright" width="350"] Grandparents Rights Family Law[/caption] In the complex landscape of family law, the rights of grandparents have become an increasingly important and, at times, contentious issue. Grandparents often play a significant role in their grandchildren's lives, providing emotional support, childcare, and stability. However, when family relationships are strained, grandparents may find themselves facing obstacles in their quest for visitation or care arrangements for the children. In this blog, we will explore grandparents' rights with respect to family...

Child Relocation and Parenting Orders In most relocation matters a parent will seek to move to a location that would make it difficult for the child to spend time with the other parent.  Wherever the child lives the Court will endeavour to ensure that the child should spend reasonable time with the other parent. Consideration of Best Interests of the Child The Court must consider the current, and prospective arrangements for the child and whether they would be in the...

Parenting Orders for Children with Special Needs In Part VII of the Family Law Act (1975), there are not specific distinctions for children without special or higher needs when determining what is in the best interests of said child. These are, however, important in determining Orders that will adhere to the child’s best interests. According to studies, parents of children with developmental disabilities are twice as likely to divorce than parents of children without such conditions (Bak & Dunn, 2022)....

AFFECTS ON PARENTING OF CHILDREN On 26 March 2020, the Chief Justice of the Family Court issued a Statement on Parenting Orders and the affects of COVID-19. The Chief Justice’s statement provided guidance on the listing of matters in the Family Court. It was issued for the purpose of guidance in legal cases and was not a legal principle. It included the following: Parents are naturally deeply concerned about the safety of their children and how the COVID-19 virus will...

Relocating overseas INTRODUCTION [caption id="attachment_13676" align="alignright" width="350"] Mother Relocating overseas[/caption] The Appeal Court of the Family considered an appeal from parenting orders made by a judge of the Family Court of Australia concerning a child who was born in 2011. The mother sought orders for the child to live with her in an overseas Country. The mother’s application was opposed by the father who sought orders for the child to live with him in Australia and spend time with the...

Children with special needs may require a higher level of care from their parents and caregivers, depending on the nature of their disability. In circumstances where parents of children with special needs have separated, their parenting Orders should be tailored to suit the circumstances of their child’s medical, educational and therapeutic requirements.  The Family Law Act 1975 does not distinguish between the best interests of a neurotypical child and a special needs child, although these can be significantly different depending...

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 sole parental responsibility for them. Relevantly, however, the orders also made provision for the children to spend time and communicate with the father and required the parties to ensure the...