Care & Protection Lawyers in Canberra, Yass & Queanbeyan
At R+M Law we pride ourselves on providing a professional, warm and responsive service in care and protection matters.
Care and protection matters are those that involve interactions with Child and Youth Protection Services (ACT) or the Department of Communities and Justice (NSW), in relation to the care arrangements and decision-making responsibility over a child.
There are a number of ways a person can become involved in a care and protection matter, including as a parent, other family member or foster carer.
Litigation regarding care and protection occurs in the Children’s Court. Our office is highly experienced appearing in the Children’s Court, with a number of our staff being qualified children’s legal representatives. This work compliments the representation they can provide you in the Children’s Court.
Matters involving the care and protection system are sensitive and complex. We recognise that every situation and client is different, and we will use our expertise and experience to help guide you through the process of your care and protection matter in a supportive and efficient manner.
We will listen to you, and we will deliver. We will focus on what is important to you. We promote honesty, integrity, and frankness in guiding you through your care and protection matter. We enjoy a working environment that is welcoming and collaborative, and that courtesy will be extended to you. We are discrete and empathetic.
We have strong professional relationships with other experts in the field of care and protection which ensure that you are provided with accurate and up-to-date information to assist you in making informed decisions about your particular circumstances.
Our expertise in care and protection, coupled with our detailed understanding of family law, and parenting and children’s matters, allows us to provide a thorough and complementary service to our clients in the Canberra, Queanbeyan, and Yass regions.
We are highly skilled in advocacy and Court representation, and recognise the emotional complexity surrounding care and protection matters. We also engage in all methods of alternative dispute resolution, including mediation, conciliation, and collaborative law.Care and protection matters can be complex and confronting. For support and information, please contact us to organise an initial appointment with a member of our team. You can contact R+M Law to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or click the link below to get started online.
Frequently Asked Questions
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Child support is financial assistance paid by one parent to the other to contribute to the costs of raising a child following separation. In Australia, child support is assessed by Services Australia (the Child Support Agency) using a formula based on both parents' incomes, the care arrangement, and the number of children. It is important because it ensures children's financial needs are met regardless of which parent they primarily live with. R+M Law's child support lawyers in Canberra assist both paying and receiving parents with all child support matters.
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If your child support dispute is escalating to a hearing — whether before the Administrative Appeals Tribunal (AAT) or the Federal Circuit and Family Court — having a lawyer significantly improves your prospects. A child support lawyer in Canberra can help you gather relevant financial evidence, understand the legal tests applied, prepare submissions, and represent you effectively at the hearing. R+M Law assists clients with child support hearings across Canberra, Queanbeyan, and Yass.
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A family law attorney can help by: reviewing whether your child support assessment accurately reflects both parents' incomes and care arrangements; advising on grounds for objection or change of assessment; negotiating a Binding Child Support Agreement that better suits your family; ensuring child support arrangements align with your parenting orders and property settlement; and representing you in tribunal or court proceedings if a dispute arises. R+M Law handles the full spectrum of child support matters.
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Child support amounts are calculated by Services Australia using the Child Support Formula, which considers both parents' taxable incomes; a self-support amount for each parent; the cost of raising children at the relevant income level; and the percentage of care each parent provides. The result varies significantly based on individual circumstances. You can use the Services Australia child support estimator for an initial figure, or contact R+M Law for advice on your specific situation.
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For child support assessments, Services Australia uses each parent's 'adjusted taxable income,' which includes: taxable income (from tax returns); total net investment losses; reportable fringe benefits; reportable employer super contributions; and certain tax-free government pensions. Income from overseas sources may also be considered. If a parent's actual income is significantly different from their assessed income, a change of assessment application may be possible. R+M Law advises on income disputes in child support matters.
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No. Child support is a separate legal obligation from divorce and exists regardless of the parents' relationship status. Both parents have a legal duty to financially support their children until they are 18 (or longer in some circumstances). Failing to pay child support assessed by Services Australia can result in enforcement action including wage garnishment, travel bans, and legal penalties. However, you can seek a change of assessment if the standard formula does not reflect your true circumstances.
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There are legitimate ways to seek a reduction in child support, including applying to Services Australia for a change of assessment based on special circumstances (such as high contact costs, significant assets, or a change in income); negotiating a Binding Child Support Agreement with the other parent; or demonstrating that the other parent's income has increased significantly, which may redistribute the liability. R+M Law advises parents on all available options to ensure the assessment is fair and accurate.
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A Binding Child Support Agreement is a legally enforceable contract between parents setting out the child support to be paid — which may be more or less than the Services Australia formula amount. Both parents must obtain independent legal advice before signing. It provides certainty and flexibility beyond what the administrative system offers. A Limited Child Support Agreement, which has lower formality requirements, is also available in some circumstances. R+M Law drafts and advises on both types of agreements.
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Child and Youth Protection Services (CYPS) in the ACT intervenes when there are concerns about a child's safety, welfare, or wellbeing. They can apply to the Children's Court for orders affecting who a child lives with and who makes decisions about their care. If CYPS contacts you about your child — as a parent, grandparent, or carer — you should seek legal advice immediately. R+M Law has qualified children's legal representatives who regularly appear in the Children's Court and can represent you from the very first contact.
