Family law information by Parenting category

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Appeal against parenting order allowing international relocation

The judge accepted evidence of family violence and was correct in not applying the presumption of equal shared parental responsibility. The father’s appeal dismissed.

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Applying for parenting orders

Parenting orders are issued by the court stipulating for arrangements involving the children. Generally a parenting order provides for the care, support and welfare of the child.

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Applying to change an existing order

A parenting order is final and binding between the parties. However, a parenting order may be changed upon application to the court.

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Attending a contravention Hearing

Before the court decided whether a contravention order is necessary, it will hold a hearing. This article explains what happens at that hearing.

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Breach of parenting orders

Once a parenting order is issued by a court all parties concerned are bound by the order to comply. However, there are instances when there is a breach of a parenting order that is under Division 13A of Part VII of the Family Law Act or a parenting order that does not affect children.

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Breaching or contravening a parenting order

Parents can apply for a contravention order when the other parent has breached or contravened the terms of a parenting order.

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Changing existing parenting orders

An existing parenting order may be varied or amended due to a significant change in circumstances of a parent. Any change ordered by the court must still be in the child's best interest

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Child Abuse Allegations

Child Abuse or abuse is defined in Section 4(1) of the Family Law Act (1975) as an assault, including a sexual assault, or involving a child in sexual activity, where there is unequal power in the relationship.

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Child dispute Conference mandatory in applications for parenting orders

Parties are required to undergo child dispute conference whenever applying for parenting orders. The exception is if there is child abuse or family violence.

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Confidentiality of communications in family dispute resolution

Statements made by a person, including a child, during family counseling and family dispute resolution, are usually confidential.

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Creating and Implementing Parenting Plans

A parenting plan is a valuable tool for separated or divorced parents in Australia to ensure the best interests of their children are met. It provides a clear and detailed outline of the parenting arrangements and can be turned into a legally binding consent order if both parties agree and the court approves.

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Custody and visitation

Your child custody and visitation schedule is important to you and to your child. Since 2006 the Family Law Amendment, or Shared Responsibility Act 2006 sets out the requirements for complying with federal laws regarding custody and child visitation.

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Definition of family consultant

Family consultants are psychologists and/or social workers who specialise in child and family issues after separation and divorce.

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Determining the parenting arrangements of children

living patenting arrangement agreement between the parents can be reached informally or by the making of a parenting order, by consent through the local court, family court or federal circuit court.

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Effect of a parenting plan

A parenting plan allows you to make adjustments to a previous court order without the cost and hassle of a new application to the court.

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factors considered by the Court in making Parenting Orders

The best interest of the child is the Court's paramount consideration in making a Parenting Order.

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Family Violence - Personal safety

Family violence is a serious social issue that affects everyone in a family - children, parents and other members of the extended family.

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How can I change Parenting Orders

Parenting orders are not final. They may be varied with the consent of the parties. Alternatively, one of the parties can apply the Court to vary the Orders. For the Court to agree to vary the Orders, it must be shown that it is in the best interests of the child to make this change.

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Lump sum spousal maintenance

In awarding spousal maintenance the court prefers to award periodic maintenance rather than lump sum payment.

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No requirement to mediate when Domestic violence occured

Parties are not required to undergo a Family Dispute Resolution in a Family Dispute involving Domestic Violence before they can go to Court.

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Order for supervised time with a child

When supervised visits are ordered by the court, it is often a temporary situation, as the parent is given the opportunity to earn the right to unsupervised visits.

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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.

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Parenting plan checklist

Making a parenting plan is essential to making divorced and separated parenting work. Creating a parenting plan from scratch is not easy and there are many examples to help you make the best plan for your situation.

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Parents who cannot agree on parenting must attend mediation

If you cannot agree over the living arrangements of the child/ren, and want the Court to be involved, then an Application for Parenting Orders must be made to either the Local Court, Family Court or Federal Circuit Court.

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Presumption of shared parental responsibility separated or divorce parents

Under the Family Law Act 1975 there is a presumption that both parents will be involved in making decisions about major long-term issues concerning their children.

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Procedures for Interim parenting orders

In a parenting case, a court might issue an interim order to establish where the children will live until it has the opportunity to make a final decision.

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Process of making a parenting arrangement

Parenting arrangement disputes may be heard by Registrar, Family Consultant and/or Judge Disputes involving parenting arrangements may require attending events managed by the Registrar, Family Consultant and/or Judge.

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Responding to an application for a contravention order

If the other parent of your child claims that you violated a parenting order and applies for a contravention order, the consequences can be serious.

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Section 65C Who may apply for a parenting order

Section 65C Family law Act, A parenting order in relation to a child may be applied for by:either or both of the child's parents,the child(ba)a grandparent of the child, or any other person concerned with the care, welfare or development of the child.

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Sex-related accusations and parenting matters

The courts basically decide with the presumption that it is in the best interest of the child for the parents to have equal shared parental responsibility in parenting proceedings.

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The best interests of the child

When a court is making a parenting order, the Family Law Act requires it to regard the best interests of the child as the most important consideration. Parents must also use this principle when making parenting plans.

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The family law court requirement before filing an application

The Court encourages you to use dispute resolution services to resolve your dispute. Dispute resolution provides you with an opportunity to reach an agreement without the need for the Court to make an order.

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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.

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The types of FDR certificates that can be issued

Family dispute resolution (FDR) is required by the Family Law Act to be undergone by separating couples to try to settle their dispute before going to court.

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Varying a parenting order

Varying a parenting order in Australia is not a straightforward process. However, understanding the grounds and steps involved is crucial.

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What is a parenting order

A parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial.

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What You Can Do if a Parenting Order is Not Followed

Parenting orders that are entered after two parents separate or divorce usually define the rights and obligations of each parent with regard to their children.

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When your child refuses to visit your ex

The court can make orders regarding your children until they turn eighteen.Unless you believe that it is dangerous to you or your children you have to comply with the orders of the court.

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