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Binding Child Support Agreement legislation changes
Do you have a Binding Child Support Agreement? If so, do you ever review it? Do you remember what it says? The answer is probably no…
Parenting Plan or Parenting Orders: Which one suits my family better?
There are two ways in which parents may formalise their parenting arrangements following separation. The first is by way of a parenting plan and the second is formal Court Orders. Each document achieves different things and it is important to understand the difference…
Parenting Arrangements: Mental Health and Unacceptable Risk
Each year, 1 in 5 Australians aged between 16 and 85 will experience a mental disorder, and 45% of us will experience a common mental illness during our life-time.
Managing parenting in a pandemic
The Family Law Section, Law Council of Australia, has put together ten tips for Managing Parenting in a Pandemic. You can view the article here.
ACT Child Protection Laws
Child and Youth Protection Services (CYPS), otherwise known as “Care and Protection” is the statutory child protection agency in the ACT. In other jurisdictions, child protection agencies may be referred to as “Family Services” or “Social Services”.
Parental responsibility and schooling
Separated parents will usually share in making long-term decisions for the benefit of their children. One long-term decision relates to where a child will attend school. If parents cannot agree about their child’s schooling or one parent wants to change a child’s school without the other’s consent, parents may seek a resolution through the Family Courts.
When can my child decide who to live with?
This is one of the most common questions that family lawyers are asked by parents who are separated.
The Family Law Act 1975 and case law does not define the age for when children can decide who they live with. Generally, Courts are more likely to give greater weight to adolescent children’s views and wishes, in light of their developmental maturity in comparison to younger children. However, all family law matters are determined on a case-by-case basis and even the views of teenagers are not determinative.
Obtaining an Australian passport for your child without the other parent’s consent
Your bags are packed, the cruise is booked, but you realise that the passport you hold for your child has expired. Or you find that they never had one to begin with. In Australia there are three ways in which a passport can be obtained for a child.
The impact of relocation on a child's relationship with a parent
Keeley & Ness [2017] FCCA 644 is a recent Federal Circuit Court case concerning a mother’s application to relocate with her 7-year old son to Queensland, which was opposed by the father. The mother wanted to relocate as she was experiencing financial difficulties and had a lack of family and social support in Canberra.
Grandparents, Aunts or Uncles caring as parents: Should I be seeking an Order?
There are many situations that may lead to children being placed in the care of family members other than their parents. This can be through concerns for mental illness, drug or alcohol abuse, financial instability, or simply needing that extra support. But as the grandparent, aunt, uncle, cousin or family friend who has the child in their day to day care; should you consider applying for a Court Order for parental responsibility?
Overseas travel with children after separation
It is advisable to obtain advice from a family lawyer if you are considering overseas travel with your children, and you have not formalised any parenting arrangements in relation to your children.
Invariably, it will depend on your circumstances whether it is advisable to either take your children overseas for a holiday, or to allow them to be taken overseas on a holiday by another person.
In some cases, it is a criminal offence to take children overseas.