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. This would be considered contempt of court.

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
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
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
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 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 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. Children who are born in or brought to Australia may be at risk of being removed from the country without the other parent’s permission.

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

In this article, we aim to provide you information on Child Dispute Services, Family Consultants, Child Dispute Conferences, Child Responsive Programs and Family Reports.

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. If you don’t know what to expect, you might be anxious and apprehensive about the process.

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 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 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. There are two acceptable modes of payment of child support which can be credited to the paying parent

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
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. Each child must be issued with his or her own passport.

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
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
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
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 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
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
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
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
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
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

Parental responsibility is the obligation to act in the best interest of the child in order to promote the childs welfare and development. The issue of parental responsibility comes to the fore when parents separate.

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 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.Payment of these debts is generally only enforceable by CSA.

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
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. Caring responsibilities include responsibilities to persons other than the parent's own children, such as their own parent, a new partner or step-children, elderly relatives or friends.

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
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 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 will establish a Court order after consideration of the circumstances, called a parenting order. A parenting order has much more legal weight than an informal arrangement between the two separating parents or a parenting plan which they may have established

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 pace alert system

If your child has a passport and you are concerned that he or she might leave the country you can obtain a court order for a PACE alert that will be sent to the Australian Federal Police. This might be your only option to prevent your child from leaving the country if your child has a passport.

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. There are different types of child support agreements that are effective and valid depending on the circumstances of the parties.

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. Reasons vary according to the case and the parties involved but the common denominator is that there is a failure to reach the said settlement due to the unyielding stand of each party..

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. Instead, the welfare of the children should be the primary concern for all parties involved.

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 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

Why divorce Is not failure

Trust and their role in property asset pool

Going it Alone: When Your Ex Opts Out of Parenting

Children from a previous relationship

Shared Care

Family law Australia

Can children travel overseas?

Non Child support Agency payments

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

Alan Weiss