Family law information by Children Matters category

Do you have a question about any aspect of Family law?

Ask a question

it is free

Search for a family lawyer

OR

ACT QLD NSW VIC SA WA

Search for family law topic news or info

A breach or contempt of a parenting order

Contempt of court is behaviours that show that you do not respect the court. An example would be if a person was ordered to produce property so it could be valued and they hid the property and refused to tell the court where it is.

Read full article
A court can make an order to vary child support

A court can make a departure order that modifies one or more of the components of the administrative formula that CSA uses to calculate the rate of child support (section 118(1)).

Read full article
A quick overview of child support and how it works

The Child Support Agency (CSA) determines child support by using the shared income approach. This approach emphasizes the intention of the law for the parents to equally share the costs and care for their child.

Read full article
Addicted To Being a Mom

Most mothers adore their children and thats the way it should be. We should, however, not become obsessional about our kids.

Read full article
Adult child maintenance

If a child turns 18 while they are in full-time secondary education and there is a child support assessment in place, you can apply to the Child Support Agency (CSA) to extend the assessment.

Read full article
Airport watch list orders

A watch list order (also known as a PACE alert) is designed to prevent an adult from taking a child outside the Commonwealth of Australia without a court order or the other parent's consent.

Read full article
Allowances benefits can apply for child support assesment

Parents and non-parent carers can apply for a change of assessment in special circumstances if the child support assessment is unfair

Read full article
Application for Child Maintenance Orders

Child maintenance orders are only applicable to children born before October 1, 1989 and whose parents separated on said date. Child maintenance ceases once the child turns 18 years old.

Read full article
Application for Child Support by Non-Parent Carers

The Family Law Act has established that non parents may be the carers of a child. In order to ask for child support from the parent of the child the non-parent carer must be a qualified non-carer.

Read full article
Applying for a stay order to suspends child support payments

A stay order is a temporary court order that suspends or reduces the amount of child support during the pendency of a separate child support application.

Read full article
Are assets treated as income in child support

The Child Support Agency (CSA) will be determining the amount of child support by first asking for the income of each of the parents.

Read full article
Asset rich but income poor - child support assessment

The CSA need not identify a particular asset from which child support will be taken. It will only consider the total financial resources of the parent, including the capacity to borrow from the assets.

Read full article
Australia is a party to the Hague Convention

The Hague Convention provides for the return of child to his or her country of habitual residence so that the courts in that country can determine issues of parental responsibility and with whom a child should live and spend time.

Read full article
Can children travel overseas

Every time a parent wishes to take the children overseas for a holiday or permanently, the permission of the other parent must be obtained.

Read full article
Changing or terminating a child support agreement

A child support agreement will continue to be in force until the day specified in the agreement that it ends, unless terminated earlier. The end date can be express or implied.

Read full article
Child abduction and the airport Watch List

Parents can protect children who are named in a parenting order from being abducted by placing the child’s name on the Airport Watch List

Read full article
Child abuse - The Magellan program

The Magellan program was developed to deal with Family Court cases involving serious allegations of physical and sexual child abuse.

Read full article
Child abuse allegations post-separation

When a marriage or a de facto relationship has broken down, one party applies to the courts for parenting orders that the applying party files a Form 4, a Notice of Child Abuse or Family Violence).

Read full article
Child birth maintenance

If the parties were not married, an application may be made to the Family Court or Magistrates' Court (state or federal) for an order that the father of the child pay childbirth expenses (s.67B Family Law Act 1975 (Cth)

Read full article
Child contact with father allowed over mothers objection

Child contact issues in parenting orders are guided by family law principles that favor joint responsibility for parenting decisions and regular child contact with both parents.

Read full article
Child custody - Mothers Rights

It is not biased towards either the mother’s or father’s rights but its primary concern is the interest of the child or children. Any parenting orders that are legalised determine the best interests of the child as the main consideration.

Read full article
Child custody and International family law

When parents are from different countries, parenting can be a challenge. Each parent might want to raise the child in his or her native country.

Read full article
Child custody dispute where will the children live

The one who will be affected the most by a family break up is the life of the child. Thus it is important that the primary concern in a family break up is to settle and arrange the general welfare of their child.

Read full article
Child custody fathers rights

Parenting orders are always based on the best interests of the children. It is always preferable for both parents to come to a mutual agreement when considering child custody arrangements

Read full article
Child Custody Laws in Australia

Any issues regarding child custody that cannot be resolved amicably by the two parents will need to be resolved in one or other of the courts that deal with family law matters.

Read full article
Child custody mediation

You dont have to go to court for this. You can decide between yourselves or arrange a child custody mediation meeting and devise a parenting plan

Read full article
Child Dispute Services

where there is a dispute about parenting arrangements, the court will order the parents to attend an interview with a family consultant. It could take the form of a Child Dispute Conference.

Read full article
Child Inclusive Conference

A child Inclusive conference is a meeting with a family consultant, the adults and the children involved in the matter. The Court orders the meeting. Lawyers are not included.

Read full article
Child maintenance order children who are 18

Important things to know in applying for a Child Maintenance Order before the Family Court in Australia

Read full article
Child maintenance orders

The Department of Human Services assess parents for child support. The Court decides on child maintenance applications and other specific matters pertaining to child support.

Read full article
Child support agreements

Binding child support agreements are intended to provide a high level of certainty and finality about child support arrangements for parents.

Read full article
Child support agreements that vary the CSA assessment

Court orders for departure from the formula (departure orders) and child support agreements (limited and binding) can all contain the same types of clauses to vary or prescribe the child support assessment.

Read full article
Child support assessments made by overseas authorities

An overseas maintenance order is made by a country that submits it to Australia’s Registrar for confirmation. The Register will not confirm the order if a child support assessment can be made.

Read full article
Child support can enforce order made in the US

You can ask the Australian CSA to enforce a court order for child support or spousal maintenance made in the US.

Read full article
Child support collection and enforcement methods

Where there is little or no evidence of a parents commitment to meeting their child support responsibilities or where there is evidence of fraud, the CSA relies on enforcement activities to ensure we achieve the best outcome for children, parents and taxpayers.

Read full article
Child support compensation

If a customer suffers a loss due to inadequate service or advice CSA will do all that it can to redress the issue and remedy the loss. Compensation may be payable where there is no other remedy available.

Read full article
Child Support matters in the Social Security Appeals Tribunal

Appeals to the Social Security Appeals Tribunal in child support matters must be made within 28 days

Read full article
Child support methods of service

There are several methods which the Child Support Agency can avail in serving notice to the concerned person. Service is defined as the delivery to the person who will be affected by the notice

Read full article
Child Support New estimate period

From 1 July 2010 the estimate period will change to a maximum of 12 months aligning to financial years (i.e. July 1 2010 to June 30 2011).

Read full article
Child Support overpayment recovery order

A court may make an order under section 143 of the Child Support (Assessment) Act 1989 requiring a former payee to repay to a former payer a specified amount of child support for a child of whom the former payer is not the parent.

Read full article
Child support payments from outside Australia

In choosing a payment method, the payer needs to consider what is most practical and cost effective to meet his child support obligations. In all types of payment the payer must make sure to indicate his 16 digit customer reference number.

Read full article
Child support payments is suspended if parents decide to reconcile

The CSA will suspend child support for six months if parents decide to get back together. It will be as though the child support assessment has ended.

Read full article
Child support payments to third parties

Payment of child support to third parties may be by court order or agreement. The payment to third parties can be credited to the monthly child support payment.

Read full article
Child Support percentage of care

In making a determination about a parents percentage of care of a child, CSA will take into account such period of time as is necessary to determine whether there is, has been or will be an identifiable pattern of care for the child (section 50(2) of the unamended Act).

Read full article
Child support suspension for unemployment

A court order or court-registered agreement for child maintenance does not stop being in force when the payer is unemployed. However, the payer can apply for CSA to suspend collection of the amounts payable for the period that the payer is receiving a social security pension or benefit.

Read full article
Child Support Under the Child Support Assessment Act

There are three ways that financial support for children can be arranged after parents separate:

Read full article
Child support will end in a range of circumstances

Typically child support ceases when a child turns 18 years of age. Child support may be extended where a parent has applied to the CSA for child support to continue until the end of the school year in which the child turns 18 and in some other situations.

Read full article
Children and parental consent

To obtain a passport for a child under 18 years, the written consent of all persons with a caring responsibility for the child (that is a parent or a parent who has a parenting order or has parental responsibility for the child, or a guardian of the child) is needed.

Read full article
Children and separation

Children suffer as much as the parents in a separation, perhaps even more. Children, especially those below 5 years old, have difficulty in understanding the reasons for the breakup of their parents.

Read full article
Children born to parents using donated sperm

Children conceived by donated sperm or eggs in NSW and their birth parents are entitled to receive certain information about the donors

Read full article
Children of de facto couples fall under the Family Law Act

In cases of children born to a De Facto Couple, the Family Law Act will govern their respective rights and obligation. It will include the child support, care and proper rearing of the child.

Read full article
Children relocation by agreement or court order

Even if there is no court order in place,a parent should get legal advice before moving a child to another region or State without the agreement of the other parent.

Read full article
Children's evidence in the Family Court

Child witnesses are not prohibited in court proceedings. However, there are certain rules that need to be observed for the childs protection and best interest.

Read full article
Co-parenting equal rights and responsibilities

Equal time is spent with the child if the parents are capable of providing equal care. When it is not possible to have equal time the court will order for substantial and significant time to be spent with the child.

Read full article
Courts Act Quickly on Notice of Child Abuse or Family Violence

The court must take quick action if there are allegations of family violence or child abuse or the risk that these might happen.

Read full article
CSA can make a departure prohibition order DPO

The Registrar has delegated some of its functions under the Registration and Collection Act to the Child Support Agency (CSA). One of these is the power to make a Departure Prohibition Order (DPO) under Part VA of the Act.

Read full article
De facto applying for parenting orders

If no agreement can be reached then an application for parenting orders must be submitted to either the Family Court of the Federal Circuit Court.

Read full article
Deciding children's best interests

When negotiating or applying for a parenting order it is important to make sure the proposal is workable and in the best interests of the children.

Read full article
Dividing the Childs Time between Each Parent

Family Law Courts try to give equal time to each parent or, if that is not practical, to give each parent substantial time with the child

Read full article
DNA evidence in determining parentage

DNA evidence is now the most accurate means of determining parentage. For all practical purposes, where one parent of a child is known, properly conducted DNA tests can result in a positive identification of the bands of the other parent

Read full article
Does a child need to testify in a family law proceeding

The short answer is that children almost never testify in court. Nor should they. Parenting disputes that go to court are stressful enough for parents.

Read full article
Domestic violence - No presumption of shared parental responsibility

In circumstances where there has been domestic violence, or family violence, as it is often referred to, no such presumption applies.

Read full article
Domestic violence allegedly faked to keep children

Child support has always been a contentious issue, but saying that mothers are pretending that they have been victims of domestic violence is further adding fuel to the fire. There is no evidence to suggest that women fabricate instances of domestic violence.

Read full article
Early stages in a parenting case

A family consultant is a representative of the court who can work with both parties to find an agreement regarding the children.

Read full article
Effect of Bankruptcy on Child Support Payment and Collection

Child support can still be collected from a bankrupt payer. The Registrar can enforce payment of child support by availing of legal remedies.

Read full article
Enforcement of Overseas Orders Concerning Children

When both parents have the right to spend time with a child, Australian law does not permit one parent to prevent the other parent from having access to the child

Read full article
Enforcing orders about children

If a person does not make a reasonable attempt to follow the orders, or deliberately disobeys(contravenes) an order about children, there can be serious consequences.

Read full article
Exemption from filing a Family Dispute Resolution

A request for exemption from filing a Family Dispute Resolution (FDR) certificate is subject to the assessment of the Family Court Registrar. An affidavit can be executed stating the grounds upon which the client bases his request for exemption,

Read full article
Family consultants and family counsellors

In children's cases the court may appoint a 'family consultant'. Family consultants are child and family specialists whose role is to advise people involved in family law cases.

Read full article
Family Law Act 1975-Children Section 60B

Section 60B of the Family Law Act 1975 outlines what is in the best interests of the child which is the primary consideration in family law cases, especially child custody

Read full article
Family report makes family law proceedings simpler

A Family Report is a document written by a family consultant appointed by the Court. It provides an independent assessment of the issues in the case and can help the judge hearing the case to make decisions about arrangements for the child/ren.

Read full article
Grandparents rights to the grandchildren

Grandparents (or anyone who has and wants to continue an ongoing relationship with the children) can apply for an order to spend time with them.

Read full article
High Court decision on relocation

In the recent case of MRR v GR [2010] HCA4, the High Court allowed an appeal against a decision by the Federal Circuit Court that a child spend equal time with each of her parents in Mt Isa, in spite of the mother's application to relocate to Sydney.

Read full article
How do my care details affect my child support

The child support formula uses the percentage of care that each parent has of the children to work out who is directly meeting the children's costs.

Read full article
In children matters the court would asks for a Family report

In many cases involving children, the court asks a family consultant or other expert to prepare a family report. This report gives the court an independent view of the dispute and family relationships. It may include the childs views.

Read full article
Independent Children's Lawyer's

The Independent Children's Lawyer is usually employed by the Legal Aid Office and is usually paid by the Legal Aid Office. However, if you and your partner are of a sound-financial position then you may be ordered to meet the costs for the Independent Children's Lawyer.

Read full article
International child abduction Australia

A parent may be liable for international child abduction if he/she takes a child out of the country without the other parents consent and without any intention of returning the child to his habitual home.

Read full article
Is your child turning 18 and still at school

A Child Support Assessments are usually fixed according to the Child Support Period. However in case, the education of the Child is involved, the Child Support Assessment can be validly and legally extended.

Read full article
It is possible to enforce child support order overseas

The Australian Government does have agreements with a number of overseas countries for enforcement and collection of payments for child support, child maintenance and spousal maintenance too.

Read full article
Legal representation and the litigation status of children

It held that a representative should be appointed when the court decides that the child's interests require independent representation.

Read full article
living arrangements for children of divorce

When parents separate, it can be hard on the parents and their children, too. There are many adjustments that need to be made and not everyone is happy about these all the time

Read full article
Low income from a family business

A parent who receives a low taxable income from a family business may have access to additional financial resources, or alternatively, he or she may have an additional earning capacity.

Read full article
Making and enforcing parenting agreement

Written agreements made by divorced or separated parents can be made enforceable by obtaining a consent order from a Family Law Court

Read full article
Matters Involving Child Keeping the Mother's Surname

Most dads find it right and proper for their biological kids to bring their surnames. For hundreds of years past, it has been assumed for a kid born under a lawful marriage to keep the last name of the dad.

Read full article
New Surrogacy Act 2010 commences 1 March 2011

The Surrogacy Act 2010 making it illegal to begin commercial surrogacy arrangements after that date, however, regulations to be made under the Act do make provision for those who entered written agreements before that commencement date.

Read full article
Non Child support Agency payments

A parent can make arrangements for payment of child support through non-agency payments (NAP). With NAP a parent can directly pay to the other parent or to a third party for the benefit of the child. The paying parent must keep proof of such payment and duly inform the Child Support Agency (CSA) about it, otherwise the payment may not be taken into account.

Read full article
Objecting to Child support decisions

An objection is a request to the CSA to review the determination formally. You may wish to object if you believe the CSA has used incorrect information

Read full article
Order for repayment of child support

Where a payer has paid an amount of child support under an assessment and was not liable, or subsequently becomes not liable, to pay that amount the court must consider making an order for repayment of the amount.

Read full article
Orders in relation to step-children

A child support parent's step-child can be considered to be their relevant dependent child (section 5) if the child support parent has at least shared care of the step child

Read full article
Orders to locate and recover missing children and prevent abduction

A location order application can be submitted by a person who has responsibility for the child under a parenting order.

Read full article
Overdue Child Support

Child Support is one of the main concerns of the Family Law Act 1975 in the separation of the Spouses. As such, the law provides adequate measures to address the general welfare and best interest of the child in cases of separation of their parents.

Read full article
Parentage overpayment orders

A court may make an order under section 143 of the Child Support (Assessment) Act 1989requiring a former payee to repay to a former payer a specified amount of child support for a child of whom the former payer is not the parent.

Read full article
Parental responsibility and parenting orders

An introduction to Parental Responsibility in Australia and the instances where the Family Court may intervene and issue a Parental Order.

Read full article
Parenting arrangements after separation

Living arrangements for children after parental separation is the most important. If children of the marriage are under the age of 18, s 55A of the Family Law Act 1975 (Cth) requires the parties to make proper arrangements for the care, welfare and development of those children when seeking a divorce

Read full article
Parenting cases - the best interest of the child

The family law system has two primary considerations whenever determining the best interests of a child, having a meaningful relationship with both parents; and need to protect the child from harm

Read full article
Parenting disputes when Family violence or abuse is alleged

Spouses or children who are victims of family violence, abuse, or even if they just consider themselves at risk, may file notices with the court alleging family violence or abuse.

Read full article
Parenting Plans and Child Custody Schedules

If you divorce or if your de facto relationship ends, you need to take certain steps to make sure that the needs of your children are met.

Read full article
Parenting the separation journey a child centered approach

Studies have shown that it is high levels of conflict between the parents, and not the divorce itself, that has the worst negative impact on the children.

Read full article
Parents are obligated to comply with parenting orders

A Family Law Court can respond in several ways when a parent disobeys an order involving children. This article explains what happens when a parenting order is contravened.

Read full article
Paternity issues

Presumption of paternity A child conceived or born during a marriage section 69p of the Family Lw Act is presumed to be the husbands child.

Read full article
Payee's right to enforce debt via court proceedings

Once CSA registers a registrable maintenance liability for collection, the debts arising under the liability are debts due by the payer to the Commonwealth, rather than to the payee.

Read full article
Paying maintenance for adult children

Many people think that parents' financial responsibility towards a child officially ends when the child reaches the age of 18. In fact, this is not correct.

Read full article
Paying the minimum child support assessment

The Child Support (Assessment) mandates a minimum child support assessment payable for every child. The payment of the minimum amount can be flexible upon application. It is a parental responsibility to care for one’s child and provide financial support.

Read full article
Recovery order

A Recovery Order may be necessary in circumstances where a person has failed to return a child in accordance with Orders of the Court

Read full article
Relocation of children

The exercise of parental responsibility of divorced or separated parents is grounded on a parenting order or parenting plan that provides for a childs care arrangements.

Read full article
Responsibility of the parent to maintain a child

The type of caring responsibilities that might justify a parent's decision to change his or her working hours will only be a personal responsibility to care for another person.

Read full article
Review of child support liability

Parents are assessed for child support by the Department of Human Services. A parent who disagrees with the assessment may file an objection.

Read full article
Single expert witness

A single expert witness is someone who has extensive knowledge and experience of the issue in dispute. They can provide expert evidence either written or orally to a court or other tribunal.

Read full article
Single expert witness family court

A Single Expert Report is an independent report prepared by an expert such as a medical practitioner, a psychologist or a psychiatrist based on mutual consent of both parties to secure the services of the expert.

Read full article
Starting child support proceedings in court

Since 1 January 2007, you can only apply to the Family Court, the Federal Circuit Court or a Local Court for orders in a child support matter in limited circumstances.

Read full article
Stay order pending an objection SSAT review

A parent can only apply for a stay order under Section 111C of the Registration and Collection Act if there are pending court proceedings that were instituted under said Act.

Read full article
Supporting parents to meet their child support responsibilities

The responsibilities and rights of a parent over their child is a lifetime obligation and privilege. Even though a parent is separated from their spouse, their commitment to being as a parent could not be relinquished or waived.

Read full article
Taking a child overseas

A child cannot be taken out of Australia without the written consent of both parents or any person who has been issued a parenting order.

Read full article
The best interests of the children in Section 60CC

The principles of children's rights and parenting obligations are set out in Part VII (seven) of the Act.

Read full article
The Court must consider each child's views

The Court has the power to make orders about where children live and the time they spend with each parent for children under the age of 18.

Read full article
The courts have a limited role in child support matters

In most cases, child support in Australia is set by an administrative agency. The Family Law Courts play a very limited role in child support matters.

Read full article
The Family Court Process Case Assessment Conference

The case assessment conference is the first major event for most people who have a case in the Family Court involving financial issues.

Read full article
The Family Courts have the authority to decide child support issues

Parents are usually entitled to child support if they are taking care of the children they had with a former spouse, but in most cases, you cannot apply to a Family Law Court for a child support order. This article will explain that rule and its exceptions.

Read full article
The Family Law Courts Decisions about the Welfare of Children

The Court makes its decisions based on what it considers are the best long term interests of the children. This includes having a meaningful relationship with each parent and the need to protect the children from harm.

Read full article
The less adversarial trial in parenting cases

Where your case is conducted as a less adversarial trial some of the technical rules of evidence will not be applied. However, the judge may decide that rules of evidence should apply to particular issues for special reasons

Read full article
The other parent is refusing to return the children

When parents separate or divorce their responsibility towards their child is usually governed by a parenting order from the court.

Read full article
The safety of teens is of great concern after parents separate

If you are bewildered by the separation of your parents, you arent the only one. Around 11,000 teenagers throughout Australia experience the effects of family separation annually

Read full article
Things about children to consider when separating

It is often said to be beneficial to children to be kept in familiar surroundings when parents are going through a separation.

Read full article
Transitional child support agreements

The parents can agree on how much child support they will pay for their child without having to go to court. It is best practice for these parents to have their agreement in writing which will then have a binding effect.

Read full article
Using recordings as evidence in a child dispute

Using recordings as evidence in a child dispute will depend greatly on how it was obtained. Even the police have to follow very specific rules

Read full article
Varying or ending a child support agreement

Child support agreements are binding on parents. There are only a few specific ways to vary an agreement.

Read full article
We disagree about arrangements for the children

While the Family Dispute Resolution offers the best way to settle family issues, not all families can amicably agree in its proceedings.

Read full article
Welfare of the children

When a marriage or de facto relationship breaks down, it is common for too much emphasis to be placed on the division of assets.

Read full article
What income do we use for child support

A broad range of income amounts are taken into account to work out your child support payments, for both parents.

Read full article
What is a child support assessment

A child support assessment will determine the share of each parent in sharing their child. The income of both parents will be considered in the assessment.

Read full article
What is a family report and how to challenge it

A family report is a written professional assessment of the family which aims to help the court in determining the arrangements for the children and former spouses.

Read full article
What is a parent's earning capacity

In respect of the earning capacity of the unemployed or under-employed parent, CSA may inquire as to the 'ability of' and 'opportunity for' that person to seek and gain employment (DJM and JLM (1998) FLC 92-816).

Read full article
Who decided how much children cost

In 2005, an independent Child Support Taskforce and Reference Group conducted and reviewed research into the costs of children in Australia and recommended a new way of calculating child support payments based on their findings.

Read full article
Who may apply for a parenting order

Section 65C of the Family Law Act 1975 allows any person to care for a child as long as he has concern for the care, welfare and development of the child.

Read full article
Why I gave my Ex custody

Divorce can be traumatic at the best of times, and it is even worse when children are involved. All too often, the custody fight becomes about the parents winning and not what is best for the child or children concerned. Pride steps in and everything flies out the back door.

Read full article
Will the court ask to speak to the children

The judge or federal magistrate may ask to speak with the children. This does not happen very often. The court may direct that the independent childrens lawyer and family consultant be there too, when the child meets the judicial officer

Read full article
Windfall are not assessable as taxable income

Windfall Gains/Profits are not assessable as taxable income and it is not taken into consideration in the assessment of Child Support Payment.

Read full article

Family Law Topics

Related Articles

Sleep Problems and Health Issues Related to divorce

Unfair Deal for Children When Parents Have to Represent Themselves

Stress is a state of mental or emotional strain

Tribunal’s assessment based on the father’s actual income

Binding Financial Agreements

Separation

A breach of an AVO

How to prepare an affidavit

Aussiedivorce.com.au Pty Ltd (Aussie Divorce) © 2005 - 2016 all rights reserved

Alan Weiss