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COMPLETE CONSIDERATION OF ISSUES IN CHILD CUSTODY MATTERS

Complete consideration of a parent’s financial circumstances may be required when ordering parentaltime that necessitates air travel.

For example, during COVID-19 lockdowns, Australian citizens were prohibited from leaving Australia unless they were given permission, and at times were even prohibited from travelling across state borders. The list of circumstances which might secure permission did not obviously identify travelling to spend time with a child who lives elsewhere. The only category which might apply is for travel on compassionate or humanitarian grounds. In these circumstances, on the assumption (which is not made) that a parent obtained permission to travel either overseas or interstate as often as the Court orders provide to enjoy the benefit of contact with their child, on return the parent must quarantine at a designated facility in the port of arrival for 14 days. The cost of quarantine would be the travelling parent’s responsibility. Thus, the travelling parent would be unable to work for an additional six weeks annually and incur substantial costs that were not originally contemplated. [...]  READ MORE →

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ISSUES OF IMPORTANCE IN CHILD CUSTODY MATTERS

To some people, issues relating to child custody during a marriage breakdown and divorce can appear fairly straightforward however, that is not always the case. In various proceedings to determine such matters there have been issues raised by the Court where evidence of a single expert psychiatrist may be required.

In the recent matter of X, the Court sought expert evidence in relation to if the child was too young to sustain significant separations from one of his parents. Questions about a child’s capacity to form memories and the age at which a child might be expected to sustain memories and connection to an absent parent. [...]  READ MORE →

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PANDEMIC IMPACTS CHILD CUSTODY DECISION

In August 2021 the Court in the case of Denham & Newsham [2021] decided in relation to a child custody matter that a parent could not relocate with their 3-year old son to Belgium. A prior decision in February 2020 (before the COVID-19 pandemic fully began) could not have contemplated the health disaster that would unfold and at the time there were no restrictions on travel between the two countries. The original decision included the provision for the non-relocating parent to travel to Belgium three times each year and that the child would return to Australia during the Australian summer each year, the Court finding that such arrangements would maintain a meaningful relationship between the non-relocating parent and child. [...]  READ MORE →

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Family Law – Changes to the Family Court

Earlier this year the 2 levels of the Court dealing with Family law matters (which had been established separately) were by legislation incorporated into one unified Court but compromising 2 levels being a level for less complex cases and a further level for more complex and longer property and parenting family law disputes.

Why was this done and how will it work?

HOW IT USED TO BE – In 1975, the Government established a new user friendly Family Court which was a lot more accessible for families who needed a resolution following the breakdown of the relationship. The legislation was far less complex than the rules that applied before it was introduced. [...]  READ MORE →

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Why you should try Family Law Mediation

Resolving a family law dispute is often complex as parties are usually dealing with emotional and psychological barriers that stem from the domestic relationship in addition to the legal issues. Additionally parties can be in different emotional stages when moving forward from the end of the relationship and this can cloud a party’s ability to interact constructively.

Family Law Mediation is an opportunity for parties to communicate their ideas, concerns and proposals to each other in a safe environment. Particularly in instances of high conflict, it is very common for family law mediation to take place in shuttle. This means parties remain in separate rooms and can still communicate their views through the mediator without having to worry about being met with confrontation from the other party. [...]  READ MORE →

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Issues of Risk and Supervised Time in Child Custody Disputes: The Re Andrews Principle

Issues of risk in child custody disputes typically arise in circumstances of family violence. One solution that is commonly proposed to reduce issues of risk is supervised time. The purpose of supervised time is to protect the children from any unacceptable risk of harm. Time is supervised by an independent supervisor or a trusted family member or friend.

Supervised time may also be suitable in child custody arrangements where one parent’s caregiving capacity is impaired and supervised time ensures the child’s needs are met. [...]  READ MORE →

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How Do I Get Equal Child Custody of My Kids?

An equal time arrangement for children is typically called a “week about” arrangement. That arrangement involves the children spending one full week with one parent and then one full week with the other parent on an ongoing basis. Sometimes an equal time arrangement may take other forms across a fortnight or month arrangement such as the children spending Monday to Thursday with one parent and Friday to Sunday with the other.

When deciding on child custody arrangements, the primary consideration should be the best interests of the child. How will the children cope spending a week away from the other parent and the shifts in household over the school term? Is the arrangement reasonably practical and are both parents able to communicate with each other? [...]  READ MORE →

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Family Law: The Role of Accountants in the Family Court

Often, a trusted accountant can be the first person someone speaks to when a family law problem arises. Beyond that point however there remains a significant role that can be played by accountants as the family law matter progresses.

The majority of separated partners utilise private mediation or participate in mediation within the Court process in an endeavour to work through a practical agreement to resolve their property and other financial issues.

When it comes to property, while the possible terms of a Court imposed and ordered property determination are limited, that is not the case where the parties can reach their own agreement. [...]  READ MORE →

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Divorce Lawyer Explains the Steps You Can Take if You are Unhappy with Your Final Orders

If you are not satisfied with your Final Orders made by the Court, your divorce lawyer can provide you with some advice about your options of an Appeal. Appeals must be filed within 28 days of the Orders being made.

However, the filing of an appeal does not automatically stop the obligations contained in the Final Orders. As such, your divorce lawyer may advise whether it is appropriate to file an application to stay the Final Orders. If the application for a stay is successful, the Final Orders will not operate until the appeal is decided. [...]  READ MORE →

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Innovations in the Family Court – Responses to Emerging Challenges

The year of 2020 has presented a multitude of challenges to the Family Courts of Australia. We have seen the Family Court respond to these challenges swiftly and boldly to ensure that Australian families are supported through the Family Law system in these difficult times. See below for some insight into some of the Court’s commendable innovations including:

  1. The Virtual courtroom;
  2. The COVID-19 List; and
  3. The Lighthouse project

The Virtual Court Room

In response to the COVID-19 restrictions and social distancing rules, the Family Courts are now operating on a virtual basis and are conducting Court hearings using two main platforms: [...]  READ MORE →

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To Be or Not to Be – Our Family Law Lawyers Explain the Requirements of De Facto

Our Family Law Lawyers know the importance of obtaining instructions about the nature of your relationship and whether it meets the legal requirements of a defacto relationship.

In the recent case of Bava & Chaudry [2021], the parties had a relationship of about 2 and a half years. They were not married.

The Applicant’s family law lawyers filed an application seeking property orders on the basis that she believed the parties were in a de facto relationship. The Respondent, on the other hand, argued that the parties were never in a de facto relationship, despite the relationship spanning over 2 years. [...]  READ MORE →

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What You Need to Show the Court to Obtain a Divorce

In order to obtain a divorce, there are certain requirements depending on whether you have children under the age of 18 years. If you do have children under the age of 18 years, your divorce lawyer will need to demonstrate to the Court that:

  1. Proper arrangements in all the circumstances have been made for the care, welfare and development of the children, or
  2. That there are circumstances by reason of which the divorce order should take effect even though the court is not satisfied that such arrangements have been made.

There is a positive obligation on the Court not to allow divorce orders to take effect unless proper arrangements have been made for the children. Your divorce lawyer will consider the following factors when advising you: whether any child support is being paid, whether both parents are spending time with the children, the health of the children and whether they are attending and progressing in school. [...]  READ MORE →