Tag: parenting plan

Am I eligible to commence divorce proceedings? [caption id="attachment_17912" align="alignright" width="350"] divorce proceedings in Australia[/caption] Divorce proceedings can be initiated in Australia if either you or your spouse: is an Australian citizen; is domiciled in Australia; or has been ordinarily resident in Australia for the past three years. For the purposes of family law proceedings in Australia, ‘ordinarily resident’ means that someone has voluntarily chosen to live in Australia for a settled purpose. If there is a relationship breakdown, you...

Easter Parenting Arrangements in QLD Easter is a time of religious significance for many families, but for separated or divorced parents with different religious beliefs, it can be a source of tension when it comes to parenting arrangements. In Queensland, where cultural and religious diversity is embraced, it is important for parents to navigate these differences respectfully and in the best interests of their children. [caption id="attachment_17824" align="alignright" width="350"] Easter Parenting Arrangements[/caption] One of the key challenges parents face is...

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,...

Co-parenting during the Easter school holidays in Queensland, can present unique challenges, but with careful planning and communication, it can also be a rewarding experience for both parents and children. One option for dividing time during the Easter long weekend is to have one parent spend time with the children from 12:00 pm Easter Saturday until 12:00 pm Easter Sunday, and the other parent from 12:00 pm Easter Sunday until 12:00 pm Easter Monday. This allows both parents to have...

Parenting Arrangements in Brisbane [caption id="attachment_17699" align="alignright" width="350"] Parenting Arrangements Brisbane[/caption] As the summer school holiday period comes to an end in Brisbane, Queensland, parents find themselves navigating the complexities of parenting arrangements, especially when their children return to school. Managing this transition requires effective communication, planning, and a focus on the best interests of the child. One key aspect to consider is the importance of open and honest communication between co-parents. Clear communication helps in establishing a solid foundation...

Child relocation cases in the Cairns Family Law Courts, like in any other jurisdiction, can be emotionally charged and legally complex. These cases arise when one parent seeks to move away with their child or children, and the other parent opposes the relocation. Deciding on such matters is always a challenging task, as it requires the court to balance the interests of both parents while keeping the best interests of the child at the forefront. The Legal Framework [caption id="attachment_17505"...

The holiday season is a time for joy, togetherness, and making memories, but for families navigating co-parenting when one parent has relocated, it can present unique challenges, especially when travel is involved. Distance does not have to mean disconnection, and with thoughtful planning, co-parents can ensure a harmonious and memorable holiday season for their children, even when travel is on the horizon - Co-Parenting Across Distances Early Travel Planning is Essential [caption id="attachment_17497" align="alignright" width="300"] Co-Parenting Across Distances[/caption] Travel can...

As the school holidays approach in the sunny state of Queensland, Australia, co-parents face the unique challenge of ensuring a smooth and enjoyable break for their children. Balancing work commitments, travel plans, and maintaining a sense of stability for the kids can be demanding. Here are some tips to cultivate a Co-Parenting Harmony and create lasting memories during the school holiday season. Open Communication is Key [caption id="attachment_17478" align="alignright" width="300"] Co-Parenting Harmony[/caption] Kick off the school holiday planning with open...

In the realm of family law, the challenge of co-parenting can become more complex when a child expresses resistance to spending time with one parent, particularly during school holidays. This situation can be emotionally taxing for both parents. Understanding the options available and approaching the matter with sensitivity is crucial for fostering a healthy co-parenting dynamic. Open Communication with the Child [caption id="attachment_17470" align="alignright" width="300"] Addressing Child Resistance[/caption] The first step is to engage in open and honest communication with...

A common question asked in Family Law is who is legally entitled to the matrimonial home during separation?  It is not as simple as one party kicking the other party out of the home. What be done if the property is in your name or What if the property is owned by both parties?  Property which is part of a Family law dispute has different rules to commercial and property law. Family Law the possession and ownership do not have...

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...

The most important thing to remember as any parent, and just as much so in separated families, is that you must be proactive and protective should your children face a serious or significant threat. You must protect them from any real potential harm regardless of whether there is a parenting plan in place, Court orders or simply an agreement between the parents in split family situations where care is shared. So, yes you should withhold a child if there is...

Parenting During Lock Down As the COVID-19 pandemic continues to disrupt daily life in Australia, the added stress and uncertainty on the potential impacts on parenting arrangements for separated parents is ongoing during these unprecedented times. The short answer is that if you have Court Orders they are still legally binding during the pandemic. However, parents may need to adopt a degree of flexibility in some circumstances. For example, if a changeover is to occur at school but the school...

Parenting Plan About Future Care Arrangements for your Children Are you and your former partner discussing the future care arrangements for your child or children?  If so, perhaps consider entering into a Parenting Plan.  It is a private agreement between two parents which can detail the agreed arrangements in relation to a child/children. This includes provisions for the time, school holidays, special occasions, telephone communication, etc. A Parenting Plan when signed by both parties then comes into effect. And it...

Family law rules disclosure - You must need to know You must know the Family law rules disclosure In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The duty of disclosure family law is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case.  Learn more from Family Law act. Family law rules disclosure -...

What is a Parenting Plan? A parenting plan is a plan which puts the best interests of the child first. It is your and your partner's commitment to your children and their future. A parenting plan is a written agreement between parents under practical issues of parental responsibility. What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending...