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Child Custody Laws – Parental Abduction

The Australian Federal Police (AFP) report on this devastating and unfortunately familiar occurrence; noting that ‘two to three children a week [are] brought into Australia or taken out of the country by a parent.’ Moreover, the AFP highlight the disastrous misconception that society often holds that if “if the child is with someone they trust, they are not in danger and should not be considered as missing.” Child abduction by a parent presents many serious concerns, for the child in particular who is subject to emotional trauma, confusion and potential health risks with parents avoiding doctors to prevent being traced. [...]  READ MORE →

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The dangers of the self-litigant accused of domestic violence in custody law

This month, the Law Society of NSW Journal discussed a hot topic issue with the aid of the Women’s Legal Services Australia (WLSA): what happens when your abuser has the right to cross-examine you when seeking their child custody rights?

Unlike other jurisdictions, the Family Law Act 1975 that governs family law holds no provision to protect victims or vulnerable persons from direct cross-examination by a perpetrator. Direct cross-examination is having the person alleged to be an abuser of domestic or family violence communicate questions and demand answers directly from you in the witness box. [...]  READ MORE →

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Child Custody Laws – Recovery of Children

Under section 67Q of the Family Law Act 1975 the Court has the means to authorise the recovery of a child who is taken or retained overseas. There are various ways in which a recovery can be commenced. The child custody laws  method is determined by the particular individual circumstance.

Circumstances may include:
  • One parent through agreement with the other parent takes the children on holidays, but then continues to reside in the new location without returning the children, or
  • One parent through agreement with the other parents take the children on holidays but extends the period of leave beyond what was agreed upon, or
  • When a parent does not gain the consent or knowledge of the other parent and removes the children
  • The circumstances can also include a grandparent, step parent, relative or carer that takes the children with or without consent.
What is a Recovery Order?

The court gives regard to section 67V, where the paramount consideration of a Recovery Order is the best interests of the relevant child or children. As such, the court will make an order that it finds proper in the circumstances that go to the best interests of the children. This may mean that the Court authorises a relevant authority, such as the Australian Federal Police, to locate and return a child to their primary caregiver, or individual that is in the child’s best interest. [...]  READ MORE →

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Child Custody Laws – Parenting Arrangements

Following the breakup of a relationship where children are involved, the children’s short and long term arrangements need to be organised between the parties. This is often difficult given the high emotional nature of separation. If this does become complicated it is suggested that you seek legal advice on child custody laws and assistance to find a solution that caters to the whole family and most importantly the best interests of the child or children involved.

Parenting arrangements, traditionally referent to as ‘custody’ look at things such as: [...]  READ MORE →

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Child Custody Laws: Parenting Plans and Parenting Orders

When making parenting orders under the Family Law Act 1975, child custody laws stipulate that the court is required to maintain the best interests of the child/children involved as the paramount concern.  It is advised that when divorce or a de facto relationship breakup occurs, that parents follow specific principles when making parenting plans.

Under the Family Law Act 1975 child custody laws highlight that:

  • both parents are responsible for the care and welfare of their children until the children reach 18, and
  • there is a presumption that arrangements which involve shared responsibilities and cooperation between the parents are in the best interests of the child.

Child Custody Laws: How does the court determine the best interests of the child?

When deciding on the best interests of a child, the court examines two tiers of consideration – primary and additional. [...]  READ MORE →

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Divorce Lawyer Advice on Parenting Arrangements

Divorce Advice – Parenting Arrangements

When seeking marriage breakup advice from a divorce lawyer in terms of parenting arrangements, the primary principle that will be established is shared parental responsibility. This means that until the child/children reach the age of 18 years, each parent has responsibility for the child regardless of any changes in the parents’ relationship (separation or remarrying) unless there is a Court Order specifying such responsibility. Parental responsibility under sections 61B and 61DB of the Family Law Act; consists of all duties, powers, responsibilities and authority that parents have by law. [...]  READ MORE →

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Child Custody Laws Urge Parents to be Realistic in Their Parenting Orders

When parties are unable to voluntarily decide on where the children of the relationship should live, how often they see both parties and what is ultimately in the best interest of the child many seek an order from the Court that decides such issues. Given the significance of such an order, it is best that both parties seek separate advice from a lawyer, in order to better understand child custody laws and what avenues are available to them. In most instances, a lawyer will work with the party as to what they clearly wish for the child and the best way to go about these with the child’s best interest in mind. [...]  READ MORE →

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Child custody arrangements after marriage breakdown without needing a judge

In the majority of cases it will be in the best interest of the children to have child custody arrangements in place that allow each child to have a significant and meaningful relationship with both of their parents whilst growing up, even if they do not always live with them.

It is always best if parents can agree and work things out about their children between themselves. Just because your relationship has broken down doesn’t mean that you stop being good parents.

At Matthews Folbigg our child custody lawyers recommend to our clients that wherever possible they first try to talk to the other parent before making any big decisions about where the children will live or how much time the children can spend with their other parent. [...]  READ MORE →

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Can My Ex Take the Kids Overseas?

According to child custody laws, any parent can take their children overseas if they have a valid passport and visa. If there are current order or a case before the Court, special rules apply.

Australia is signatory to the international Hague Convention. Countries who are signatory to this Convention have agreed to work together to ensure the return of a child to their country of residence should they be taken overseas by a parent with the intention of that child being kept overseas.

Serious difficulties arise if a child is taken to a country that is not signatory to the Hague Convention where child custody laws may not apply. [...]  READ MORE →

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Grandparents and Child Custody Applications

In a recent case, the maternal grandmother brought a child custody application in the Federal Circuit Court against her daughter and son-in-law who were at the time separated, seeking orders in relation to her six year old and four year old grandchildren. Initially the grandmother commenced proceedings seeking that the children live with her but later seeking that they have holiday time with her and weekend time each month.

The Judge noting that the grandmother had an extremely poor relationship with the mother and that the grandmother failed to understand the impact of her behaviour upon her child and grandchildren the Court considered what would be in the best interests of the children.  The case shows how important it is for your family law lawyers to provide an understanding to you as to what factors the Court needs to have regard to and what circumstances can be persuasive in particular cases. [...]  READ MORE →