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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”.

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Parenting R+M Family Parenting R+M Family

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.

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Parenting R+M Family Parenting R+M Family

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.

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Parenting R+M Family Parenting R+M Family

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?

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Parenting R+M Family Parenting R+M Family

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.

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