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Unhappy with your current Parenting Arrangement? How to Change your Family Court Orders

In 2016, the Federal Circuit Court of Australia made Orders with the consent of both parents. In summary, they were that the child live with the mother and spend time with the father and the time with the father was to increase as the child increased in age. The parents lived, and continue to live in different towns. In 2018, the father’s divorce lawyer brought fresh proceedings based on two possible scenarios:

  1. If the mother relocates near the father, the child to spend equal time with the parents, or
  2. If the mother does not relocate, he sought Orders in the reverse so that the child lives with him.

In order to revise family law court Orders, the case of Rice & Asplund [1978] FamCA 84 requires the existence of a material change of circumstances. The father’s divorce lawyer argued that since the time of making the consent Orders, his circumstances had changed in three ways: [...]  READ MORE →

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The Basics of a Divorce

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group

Our Family Law Group consists of 7 family law lawyers. We have 4 Accredited Specialists in the area.

We have been recognised as one of the leaders in the Family Law market through Doyles rankings.

We specialise in all aspects of family law such as divorce.

A lot of clients come to our family law lawyers for assistance with a divorce.  Despite the common misconception, a divorce actually does not involve sorting out your parenting or property matters. A divorce simply means dissolving your marriage because you want to remarry or you just would like to formalise what is happening in your life. [...]  READ MORE →

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Child Custody Laws and Independent Children’s Lawyers

An independent children’s lawyer, also known as an ICL, is a Court-appointed lawyer who acts independently to represent the child’s interests in family law proceedings regarding child custody laws. The child, an organization concerned with the welfare of the child or any other person may apply for an ICL to be appointed. The Court may then make an order to appoint an ICL who will attempt to find out what the views of the child are.

The Full Court in Re K [1994] FamCA 21 provided some guidance on what the court might consider when appointing an ICL in matters involving child custody laws, including: [...]  READ MORE →

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What Do Child Custody Laws Say If Your Child Doesn’t Want To See the Other Parent?

Relationship breakdown can often be a difficult and turbulent time for your children. To navigate this time, some families seek parenting orders from the Court to determine where the children should live and when they can see the other parent. But what do child custody laws say if your child does not want to see the other parent? According to child custody laws, certain obligations exist for the resident parent to comply with the Court orders, some of which are considered below.

Positive Obligation to Encourage Access

In the matter of Stevenson and Hughes (1993) 112 FLR 415, the mother pinned the father’s telephone number near the telephone and informed the child they could call the father whenever they liked. On a separate occasion, the mother took the child to the husband’s residence in accordance with the orders but the child refused to go inside. The father made an application for contravention, claiming that the mother contravened the Court orders by failing to give the father access to the child. The Court found that “an access order imposes an obligation which goes beyond mere passive non-interference and it imposes upon the party who is obliged to give access a positive obligation to encourage that access.” The Court found that the wife had not done all that was reasonable in the circumstances to encourage the child to come to the telephone and speak to the father but had, in effect, issued an invitation in a manner in which the child was given the option to refuse. [...]  READ MORE →

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Child Custody

The law abolished the concept of ‘child custody’ and does not make any distinction between the rights of fathers and mothers. Instead, the ‘best interests’ or welfare of the child is the paramount consideration that the Court takes into account in determining ‘child custody’, that is who the child with live with and spend time with.

While the law does not guarantee an equal-shared parenting arrangement in every matter, both parents have the responsibility for the care of their children. If the Court decides that an equal-shared parenting arrangement is not in the best interests of the child, the Court must consider ordering significant or substantial time to the non-resident parent. [...]  READ MORE →

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Child Custody Laws and Child Custody Rights – Where do I start?

Separation is often a stressful time for both parties. Alongside dealing with your own emotions during a particularly difficult time, parties with children have to make arrangements for the care of the child or children, as the case may be. Child custody, as it often referred to, concerns the resolution of parenting arrangements for children. This involves reaching agreement about with which parent the children will live with and the time that they will spend with the other parent during the school terms. It often extends to agreements about school holidays and special occasions throughout the year such as Christmas, Easter and Birthdays. [...]  READ MORE →

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Child Custody & Child Custody Laws

Child Custody Laws and Child Custody Rights are terms often used when parents seek advice in relation to parenting disputes. When parties make competing parenting applications, the Court is required to consider what is in the best interests of the child.

Children’s Rights

Child Custody Rights relate to the rights of the subject child, not the parents.

The rights of a child can be summarised into two primary considerations:

  1. The child’s right to have a meaningful relationship with both parents; and
  2. The child’s right to be protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

If the primary considerations conflict then the need to protect the child prevails. [...]  READ MORE →

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Why you should speak to family law lawyers about travelling overseas with children after separation

Before you put down the non-refundable deposit on your dream overseas holiday, it is best to check with family law lawyers whether you may need your former partner’s consent to take your children. While it is common for Orders to include mention about who holds the passports, how they are to be renewed and what is permissible overseas travels, they are not compulsory. This may mean you will need to seek the consent of your former partner to take your child overseas. You may also need to seek their consent in applying for or renewing your child’s passport. [...]  READ MORE →

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Child Custody Laws – How to place your child on the Family Law Watchlist

In attempting to place your child on the Family Law Watchlist it is strongly advised that you seek advice on child custody laws in order to understand your child custody rights and subsequently be able to complete the application form successfully.

Applications for the Family Law Watchlist must be specific and not implied indicating absolute or conditional prohibition on travel. This is a crucial aspect of the process and thus it is highly recommended that you obtain child custody laws advice prior to seeking court orders in order to enhance the successfulness and outcome of your case. [...]  READ MORE →

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Advice on child custody laws for situations of parental abduction

Megan Palin’s recent article highlighted the growing reality of parental abduction in Australia. Statistics show that we hold ‘the highest per capita rate of parental child abduction in the world with about 250-300 cases every year.’ Palin went on to state in accordance with the Attorney-General’s Department that when applying for recovery orders, ‘some applications are rejected on the basis that the child in question has spent 12 months or more in the country he or she was taken to and “settled”.’ This highlights the importance of gaining legal advice on child custody laws early on from a family law lawyer if you find yourself in such a situation. [...]  READ MORE →

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Child Custody Laws – Recovering your child from parental abduction

It is undeniable that every parent would go to the ends of the earth for their child; however some in desperate times take desperate measures which could potentially do more harm than good. Circumstances like this are apparent where parents are not properly advised as to child custody laws, as with the recent case in Lebanon involving Sally Faulkner and the 60 Minutes crew.

The story of Cameron the boy abducted by his mother linked below came frightfully close to being a child abduction case that took extreme measures, but for his father’s change of mind. Cameron’s father considered seeking assistance from a child retrieval agent to snatch his Cameron off the streets, however decided against it stating ‘the main reason [being] it might be dangerous for Cameron.’ [...]  READ MORE →

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Child custody laws and parental abduction

Following the latest reports about the child snatch with 60 Minutes and Sally Faulkner in Lebanon, the reality of parental abduction and child custody laws is being brought to the surface for some parents. As more cases of parental abduction come to light in Australia the importance of informing parents, particularly those facing a custody battle, of ways to avoid seeing themselves in the same position is growing.

A recent news report by The Australian (linked below) saw four year old Cameron abducted by his mother and taken to Zimbabwe following their separation. Finally returned home to his father at the age of nine, sadly it only occurred as a result of the death of Cameron’s mother. [...]  READ MORE →