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Family Law News Children Matters

Related Stories to Children Matters

10 things to teach our children about divorce

Divorce is stressful on any couple, even if it is amicable. It's so easy to get caught up in your own emotional roller coaster and the precarious navigation of the divorce process. However, you have to remember that there are innocent children watching, listening and feeling

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5 Simple steps to organising parenting arrangements

Organising parenting arrangements at any time with your former partner can sometimes be difficult.

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8 do's and don'ts in parenting matters

Sometimes parents can lose sight of the small occurrences that can lead to large rifts and irreversible harm when trying to exist in a separation involving children. If each party remembers the following simple rules then co-parenting effectively, post-separation will be maximised.

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A father accused of child abuse granted access

A father who is on trial for indecency towards his two daughters has been granted the right to supervised contact with the girls, aged 3 and 5. The 64 year old was previously denied direct or indirect contact with his daughters and was not allowed to approach within 100 meters.

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A father was awarded sole parental responsibility

A mother who refused to toilet train her two children lost her custody of them to the father. The Family Court of awarded the father sole parental responsibility and allowed the mother to spend supervised time with the children.

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A mother was ordered to repay child support payments

A woman was ordered to repay $3,730 in child support to a man who she wrongfully thought was the father of her son. The man discovered that he was unable to conceive children which led to a case being filed in the Federal Magistrates Court. The man paid child support despite that he has had little contact with the child.

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A parent may enforce the return of the child

A parent who finds his or her child outside the country without consent or travelling with another parent over the refusal of the other may obtain legal remedies to enforce the return of the child.Signatory countries assist each other when parenting disputes arise between parents located in different jurisdictions fight over the custody of the child.

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A parents right to children access

The equal shared parental responsibility principle ensures the right of divorced or separated parents to care for their child. This principle does not require that parents spend equal time with their child but it goes back to the essence of being a parent.

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Alternatives to fighting about child custody

You can get help resolving disputes involving children by engaging in a dispute resolution process. In fact, the court will probably require you to do that before a judge will agree to decide the dispute for you. Family dispute resolution practitioners offer mediation services to parents who cannot resolve their own differences.

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Altruistic Surrogacy Legal in Australia

The legislation on altruistic surrogacy has given heterosexual couples, who are having problems with fertility, to have a child by virtue of another person. In an instant where the mother is unable to bear a child, the father can ask for a fertile mother to carry his child.

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American child to stay in Australia

In the matter of Director-General, Department of Communities the Court of Appeal upheld the trial judge's decision to allow the child of the marriage to stay in Australia. With the consent of her father, the only child of the marriage travelled from the USA to Australia with her mother in November 2008 to holiday

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An Insight Into Child Custody

Parents need to understand that the family law act of 1975 plays a very important role in setting a solid foundation for any child custody case.

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An insight into Child Support

Child support is an important subsection of family law.Dissolution of marriages through legal channels will often result in the court asking the father of the child to pay up for child support. Such a scenario can also occur as an outcome of paternity cases.

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Basic Questions Relating to Parenting Orders

Parenting orders are enforceable arrangements that deal with the welfare of a child.Orders can be made by the courts, however, the desired outcome is for the parties to reach an agreement without the intervention of the legal system. If the separating parties are unable to resolve their issues, the courts will intervene.

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Bosses are tough on dads who care

Fathers don’t have it easy. As much as they would want to spend time with their kids, they shoulder most of the burden of financially providing for their kids’ needs. In some cases, the 2006 amendments to the Family Law Act have no practical effect on fathers.

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Calculation of child support under the family Law

The child remains to be an important obligation of parents even after separation. As one important part of the rights of a child, child support is a mandatory responsibility that parents should be able to meet even when either of the parents decides to remarry.

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Can DNA test affect child support payments

A DNA parentage test taken in 2009 demonstrated that he’s not the child’s biological father. He commenced proceedings in court and sought a declaration under Section 107 of the Child Support (Assessment Act). He claimed that he should not be paying child support because he is not the child’s parent

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Can I get an injunction to protect our children?

An injunction is a specific court order that prevents parties from performing an act or requires them to perform an act. A failure to obey an injunction is normally a criminal act and the party may have to pay a fine or face imprisonment.

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Can I get child support and how do I get it?

Your entitlement to child support and how much you will receive is determined administratively by the Child Support Registrar.If you are eligible for a child support award you must use that procedure rather than asking the court to award child maintenance.

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Can I go or must I stay? relocation

Relocation is what the court calls the act by one parent to alter a child’s living arrangements which involves a significant geographical separation from the other parent. That is, allowing one parent to move a child some distance away from the other parent.

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Can my child decide where to live?

Deciding where a child will live is not so much about his or her age, but rather maturity and understanding.While it is true that kids have some say in Family Law parenting disputes, it is not a deciding vote as the misconception would have you believe.

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Capacity to pay child support under spotlight

The even-handedness of Child Support Agency (CSA) investigations into whether parents are paying and receiving the right amount, must target both the paying and receiving parents in a fair and evenhanded manner, according to the most recent report released by the Acting Commonwealth Ombudsman Mr Ron Brent.

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Changes to child support agreement payments calculation

The amount of Child Support to be paid is now calculated based on a formula that relates to the costs of raising children rather than the income of the paying parent.

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Changing of Child's Surnames Possible after Divorce

Changing surnames of a child after separation or divorce is a complex matter of the Family Law. In such instance, the court is basically concern in people who take matters in their own hands. In all cases involving name change, you will need your partner’s consent or court’s approval in order to proceed

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Changing your child's last name

You can change your child’s surname by submitting a name change application to the Registry of Births, Deaths & Marriages. If both parents are living, they must both sign the application. If one parent has died, the signature of the surviving parent is sufficient

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Child Custody And The Mental Impact On The Child

Legal situations involving parents can take its toll on children. The children are emotionally delicate. Throughout their life, they have only seen the parents living in harmony. Out the blue, they will find their parents fighting over any and every trivial matter. The conflicting effects that occur within a child can last a lifetime.

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Child Custody FAQ'S

We answer some common questions about child custody issues. What is a parenting order?,What is equal time,Who may issue child related proceedings

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Child representation in the Family Court

When parents can’t agree and the Family Court is concerned a child’s interests are not being properly brought to its attention, it may order that a child be separately represented by a lawyer. This lawyer is called a ‘Child Representative.’

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Child Support agreement after separation

Even when parents separate, child support remains to be a constant obligation that parents need to fulfill. In post-separation proceedings, the court basically upholds the principle of shared parental responsibility by which both parents are entitled to spend equal time with child.

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Child support trusts

A child support trust can be set up for the benefit of a child. It is a method of putting up assets or capital in a fund that is held in trust. The trust can be set up in such a way that the income from it can be used for child support and paid to the person taking care of the child.

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childbirth expenses

A mother is entitled to financial support from the father to help with maintenance during the childbirth period. This includes expenses relating to the pregnancy and the child’s birth. It also includes any private health, health Care card or Medicare rebates, as long as the expenses are reasonable out-of-pocket expenses

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Children - When Parents can agree

Deciding how children should be cared for and what responsibilities each parent will have after separation can be a source of frustration and hostility. However, when parents can agree on an arrangement between themselves, then there is no need to attend Court to make a decision for them.

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Children are not given ample opportunity to be heard in the Court

Studies show that Children are not given ample opportunity to be heard in the Court because they are not given a chance to speak directly to the judge. According to a recent survey, out of the 44 Family Courts, only 6 of them are able to meet the children and be given a chance to speak their perspective of the family dispute that they are involved with.

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Children born under surrogacy arrangements

Surrogacy, in human reproduction, involves a woman agreeing to bear a child in behalf of a couple. Total surrogacy involves implanting an embryo into the surrogate mother which means that the surrogate mother is not genetically related to the child.

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Children brought u by both parents are happier

Research has shown that children who come from broken marriages are more likely to act up than children who are reared by both parents. Nature intended for both parents to play a role in their children’s lives and that’s why it takes two people of the opposite sex to create the gifts that we call well-adjusted children.

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Compulsory mediation in parenting proceedings

It is necessary to obtain a family dispute resolution certificate in parenting proceedings. The certificate must be attached to the application for a parenting order. A Family Dispute Resolution Certificate is necessary for parenting proceedings.

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Considering the needs of the child

The family court system is becoming increasingly aware of the needs of the children within their courts.In a landmark effort to enhance the quality of family courts it is first imperative that Magistrates, court officials, and parents understand the needs of the child. Australia has spent billions of dollars each year, attempting to prevent abuse through both state and federal programs.

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Court prohibits mother from visiting child's school

The Family Court an unusual step of banning a mother from going to her child’s school. In making a Parenting Order, the Court’s primary consideration must be a child’s best interests. In this case, the Court shared the concerns of the father and the school about the impact of the mother’s behaviour on the child

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Court's ruling in custody case justified

The case of Ihab and Aarif presented a puzzling dilemma for the Family Court to resolve. In said case, the mother of the children proposed, through a motion filed in the Family Court that she be allowed to bring her children to Syria.

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Cross border marriages are causing more international child abduction

The increase in cross border marriages, de facto relationships and internet dating are elements causing the elevated risk of international child abduction following the breakdown of a parental relationship.

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Defining the possibilities in a parentage test

A parentage test may be done in a variety of circumstances to suffice the best interest of the child. In some states paternity test is required after a child is born to ensure that the child grows up with the knowledge of the identity of both parents.

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Determining a Child's Best Interests

The court must regard the best interests of the child as a paramount consideration.While this decision is guided by a number of factors listed in the legislation, it remains difficult to predict what parenting arrangement will best promote a child’s best interests.

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Do I have any rights to see my grandchildren?

Grandparents can use the Family Law Act to apply to court for orders that their grandchildren live with or spend time with them.

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Don't make your child the rope in your custody tug-of-war

Large percentages of marriages break down in divorce. Perhaps it is because it has become too easy to get married, or because divorce is easier than ever. Either way, you're caught in a situation where you can no longer be together. Fights are the order of the day, and there's no point in trying to pretend to be nice anymore. It's over.

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Dont rely on child support payments to pay living expenses

After a long and acrimonious divorce, I was ecstatic to walk out of the courtroom a divorced woman. The judge awarded more child support than we expected. When month end rolled by and I still had not received a cheque. The moral of the story is to not count on your child support to pay your living expenses until it's in your bank account.

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Dope smoking mum gets custody

Courts grant the mother custody even though she admitted to smoking marijuana. A recent custody dispute reported in the Brisbane Times has seen a five-year-old child placed in the care of his mother, even though she admitted to smoking marijuana when her son was not around.

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Due to Hague convention 4 children return to Italy

It was on the news that four girls were sent back to Italy by the Family Court of Australia pursuant to the provisions of the Hague Convention. The number of cases involving international abduction of children from Australia is rising. Australia is one of the signatories to the Hague Convention and benefits from its provisions.

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Establishing Contravention of a Parenting Order

Contravention of a parenting order may be established if both couples intentionally fail or made no reason to attempt to comply with the order.Parenting orders aim to reduce the conflict and minimize the emotional cost of family breakdown.

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Establishing parenthood by parentage testing

In Family Law matters, establishing the parenthood of a child is crucial to resolving cases involving child support payments, custody, access, inheritance and adoption. Children continue to have the right to receive reasonable financial support from their real parents even after parents separate.

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Establishing paternity through DNA

The paternity of the child may be established through a DNA test.In order to be entitled to child maintenance, the paternity of the child must first be established. The paternity of the child may be established through the following circumstances

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Every child needs both parents

It takes two parents to create a child and it takes two parents to raise a child. Each parent is different and your child needs to experience both you and your spouse during his childhood so that he can become an asset to society when he becomes an adult.

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Family court decisions often hinge on the parents testimony

Decisions of the Family Court often hinge on the credibility of the parents testimony and the credibility of the parents evidence.

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Family Court has no power to make orders with respect to unborn children

A decision by Justice Murphy of the Family Court in the case of Talbot v Norman has held that the Family Court has no power to make orders concerning unborn children, in particular, an order to restrain a mother from terminating a pregnancy.

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Family law dispute resolution | alternatives to going to Court

Family dispute resolution is a practical way for separating families to try to resolve any disagreements and make arrangements for the future.

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Father applies to change of surname

An application for change of surname of his twin boys was filed by a Queensland father in Court. The twins were his children with his estranged wife and they were conceived in 2007 while the parties were still together although the relationship was a brief one.

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Father claims child support payments following a DNA test

A mother has been ordered by the Federal Circuit Court to pay her former husband $12,969 in child support after DNA tests confirmed he was not the father of her 14-year-old son.The court can order a DNA test to determine parentage of the child, and the results are viewed by the court as conclusive evidence of parentage for child support purposes.

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Father of three granted custody

A father of three children aged seven, eight and nine was granted sole custody. The Victorian mother of these children was banned by the Court from seeing and spending time with her children because of the family violence she had inflicted upon them.

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Father wins custody over religious differences

A teenaged girl was caught in the midst of a battle between parents who had religious differences. The court ordered that the girl should continue to live with her father in the religious community where she grew up.

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Father's Day for divorced Dads

If you have not yet formalised your arrangements with your former partner, think about including a provision in your parenting plan or consent order for dealing with Father’s Day. Many parents forget to consider ‘special days’ when discussing arrangements to spend time with their kids, and this can cause unnecessary grief later on.

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Going it Alone: When Your Ex Opts Out of Parenting

After the initial breakup, many people opt to take a temporary break from one another before resuming their respective parenting roles.

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Granddads with grandkids feel left out in playgrounds

After interviewing more than 100 baby boomers, University of Adelaide researchers found out that grandfathers often feel uneasy whenever they are in public with their grandchildren.

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Grandparents can make an application to the Family Court

Grandparents can make an application to the Family Court to spend time with their grandchildren.These applications are not common, as usually grandparents see the children during the time that their son or daughter has the children in their care.

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Grandparents' Rights to Spend Time with Children

In 2000 the Family Law Act was amended to allow grandparents to make an Application to the Court to be able to spend time with their grandchildren.

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Holidays without the kids

Last year this time, I had to start preparing to spend my first holidays without the kids. Of course, I was very angry, because the divorce was definitely not my idea.

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How are children affected during divorce proceedings?

Breakdown of relationship can take a toll on the children.It can cause great levels of concern in the mind of everyone involved during the divorce proceedings. The parents will not have any idea about what is going to happen to their children and who will be taking care of them for the years to come.

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How children cope with loss

Children from divorce or broken home might not say much but you can be sure they will act out how they feel. Divorce is a stressful time for both parents and children. However, unlike adults children react differently whenever distressed.

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How does Family Dispute Resolution Process works?

When couples decide to separate or obtain divorce, they do not instantly end up in the court. Under the Family Law Act, couples who are separating are encouraged to attend a mediation and conciliation process, which is also known as a dispute resolution process.

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How does the Family Court view child contact?

The law views child contact on the basis that, except where it would not be in the child’s best interests, it is the right of the child to continue a relationship with the non-resident parent or with any other person important to the child.

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How important is family law mediation?

In any divorce or separation proceedings in court, it is required that couples should undergo mediation proceedings to make both ends meet and agree for the welfare of the innocent kids who are affected by the marriage break-up.

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How much time can I get with my children?

If your children are living with their other parent, they have the right to spend meaningful time with you, too. That is a presumption that applies unless a court is satisfied you or your former spouse spending time with the children would not be in their best interests.

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How the courts handle child abuse cases

The author (Pragnell, 2013) tackles the missteps of the judiciary in child abuse cases. Based on what he wrote, family courts in Australia are seen to be unsupportive of the government efforts to curb child abuse. The judiciary often allows children to go back to abusive parents, further exposing them to more abuses.

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How the Family Court establishes a contravention of a parenting order

A person, who fails to abide by a parenting order, may be in Contravention (breach) of parenting orders. Whenever parenting orders are made by either the Family Court or Federal Magistrates, there is an expectation that all parties must follow the orders.

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How the Hague Convention protects children from abduction

The object of the Hague Convention on the civil aspects of international child abduction is to secure the prompt return of a child taken from one convention country to another, being the country in which the child is generally habitual resident, prior to the unlawful retention or removal of the child.

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How to appeal against child support payments

In the first instance, if you do not agree to a decision made by the Child Support Agency, i.e. a decision to increase your Child Support payments, you may lodge an objection directly with the Child Support Agency itself. There are limited grounds upon which people can base their objection

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How to avail of a mediation assistance

In a Family, Dispute Resolution practitioners give clients with a supportive atmosphere and a way of reprimand each other, to help them to sort out the problems and come up with acceptable solutions, and build reciprocally satisfactory agreements.

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How to avail of a Relocation and Recovery order

The legal remedy of Relocation and Recovery is granted to a child who is usually subject of domestic violence and who seeks to be relocated to another place in order to be safe and secure from the offender. In most cases, the mother or the guardian will file a petition in court to be protected from the assailant.

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How to Obtain Child Support in Divorce or Separation

Relationships sometimes just don't work. Even the presence of a child cannot save a marriage or a de facto relationship that is already dead.

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How to protect the children who are affected in a divorce

When parents are divorced, the children are put through counselling in order to make them accept the inevitable situation. First, the minor children are the victims of the early stages of a marital break-up. They may be unaware of the symptoms, and then they are just exposed to the final blow of the storm.

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I grew up in a broken (divorced parents) home

Coming from a broken home is not as bad as you might believe.If you learn to look on the bright side of life, you can take away a number of positives out of coming from a broken home. Here are my top 10 benefits to being raised by divorced parents.

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Importance of Child Contact During Separation of Parents

It is important for divorced or separated parents to continue contact with their children. This is for the well-being of the child who might be feeling tumultuous emotions in the midst of the separation of his parents

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In the event that sexual allegations are made in parenting matters

The Family Law Act defines abuse of a child as an assault, including sexual assault; or a person involving the child in a sexual activity. Section 61DA(1) of the Family Law Act requires that the Court when making a parenting Order to apply a presumption that is in the best interest of the child for the parents to have equal shared parental responsibility for the child.

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Independent Children's Lawyers

In parenting proceedings, the court is able to appoint an independent children's lawyer, to represent the best interests of the child/children involved in those proceedings.

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Inheritances: What happens when a relationship breaks down?

When couples separate, they typically need to sort out how to divide their property. This includes both assets and debts. There are a number of ways this can be done. Parties can agree on how to divide their property without any court involvement.

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International abduction of a child by the other parent

Abduction is the taking away of a child from the custody of the natural or lawful guardian and the taking was without authority or consent. International abduction is one of the concerns of Hague Convention.

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Judge negates removal of kids from family due to obesity

Children suffering from obesity require utmost medical attention in order to restore their normal weight. A recent proposition claims that obese children who are staying at home are at high risk of more health problems due to the failure of parents to provide adequate medical attention.

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Laws to Deal with International child abduction

International parental child abductions often coincide with an acrimonious separation or divorce. Abductions may occur when parents are having difficulty negotiating parenting arrangements and child support. By some estimates, approximately 125 children are taken from Australia every year.

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leaving your child unattended

Many would argue that it all depends on where you leave your child, how old the child is and how long you leave the child unattended. Let’s consider a few scenarios. Can you leave your sleeping baby in the car while you run into the service station to pay for your fuel?

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Life after divorce for the children

The most responsible spouse usually gets the chance to take care of the kids. If the courts found out that spousal support is appropriate, then it is granted by the courts. The children will always be the priority. Despite the reasons of the break-up, the courts will always consider the welfare of the children.

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Love is the most important thing a child needs

Raising a child is all about having the capacity to love and care for him or her unconditionally and properly. This means giving the child the sense of security that you love him or her no matter what and having all the resources to provide for him or her from birth until he/she can function successfully and happily in the adult world.

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Making the views of children known to the court

Nobody wants to put their children through the stress of testifying in court. On the other hand, if your child wants to live with you rather than the other parent, you will want the court to know that. Judges usually give greater weight to the preferences of older children, since children who are more mature are better able to decide where they want to live.

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Mediation in divorce Cases

In divorce proceedings, the parties do not actually argue their sides. It is the lawyers and the judges who take over the proceedings making the parties as mere passive witnesses of the trial.

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Mediation keeps child protection in divorce battle out of court

Just by hearing the terms, there is no doubt that child may conjure up images of emotions arising from court proceedings which may lead one to reside with only one parent. Severe family conflicts arising from heated arguments and misunderstandings are also not good to witness for a child at young age

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Modifying a parenting order when your circumstances have changed

When a parenting order has been entered by a Family Law Court, both parents are required to comply with its terms. Sometimes circumstances change, making it difficult or impossible to obey the order. When that happens, you have options that may allow you to modify (or “vary”) the parenting order.

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Mother charged of kidnapping her Own Child

Child abduction, otherwise known as child snatching has been a growing issue in Australia. Under the Family Law, a parent may be charged of parental child abduction if one unlawfully takes the child from its habitual residence or from the people who are in charge of its custody.

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Mother defends decision to run away with child to Europe

A woman was arrested overseas and brought to trial before a Sydney court for taking her child out of Australia without permission. The Hague Child Abduction Convention, a parent may apply for the return of an abducted child to Australia.

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Mother permitted to relocate with child

The Family Court had to decide whether to allow a mother to relocate with her child with the father opposing the relocation.In deciding the case, the Court found difficulty in the fact that the mother was adamant about the relocation.

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Mother’s appeal against interim parenting orders - dismissed

In this matter, the trial judge placed significant weight on the children’s wishes when making interim parenting orders that the mother may not initiate contact with the children. The trial judge was entitled to do so based on the evidence before him. Mother’s appeal dismissed.

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My parent's divorce came as a big relief of tension

When I was eight years old, my parents divorced. I guess I was young, and my parents were focussed on making the transition as easy as possible for my younger sister and I.

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Parental responsibilities on child support

When parents separate or obtain a divorce, the court will have a critical consideration to the rights of the child. In matters concerning separation or divorce and child support, the court presumes that it is in the best interest of the child to receive financial support from both parents as part of the equal shared responsibility of the spouses towards the child.

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Parental Responsibility and Parenting Orders

The Family Law Act 1975 states that “parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.” Each parent has parental responsibility for his or her child until the age of 18.

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Parenting Orders and Parenting Plans

A parenting order or parenting plan must also be issued to safeguard and protect the child.When the family court issues parenting orders or parenting plans, the foremost consideration is the best interest of the child.

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Parenting Orders – Traveling and change over arrangements

One of the most important tasks during separation and divorce is to make practical parenting arrangements. This could become complicated when the two parents live far apart. If travel between the two homes is necessary, the impact of the travel on the children must be considered.

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Parenting Plans and Parenting Orders

parents can negotiate a private agreement specifying parenting arrangements. If it is in writing, it may take the form of a parenting plan. It may be negotiated with the assistance of a family dispute resolution practitioners or lawyers.

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Parenting test

The Family Law Act empowers the court to order a parentage test where the parentage of a child is an issue. The FLA is replete with provisions that support the power of the court to order a parentage testing

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Parents warned against rampant child abduction cases

In international cases of child abduction, the applicable international law is the Hague Convention. However, it is worthy to note that not all countries are signatories to the Hague Convention which limits the application of its provisions.

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Presumptions of Parentage

Modern technology such as In Vitro Fertilization has caused the rise of maternity to be questioned as well aside from paternity. There are five statutory presumptions provided by the Family Law Act

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Protecting your child's self esteem during your divorce

It’s well known that when things go wrong in the home, children tend to blame themselves for it. Can you imagine what your child is going through once he/she hears that you and your spouse are getting divorced?

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Qantas deal may have unintended consequences in family law matters.

Many Court Orders that deal with Parenting and Children's issues provide that international travel is permitted, provided that the travel is to, or via, countries that are signatories to the Hague Convention on the Civil Aspects of International Child Abduction.

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Relocating with a newborn child

The Family Law Courts have the power to prevent or allow a custodial parent to unilaterally relocate with the children of a relationship, from the town or district in which they have been living. These orders, either permitting or denying relocation, are known as “ relocation orders ”.

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Rules on Overseas Child Visitation in Relation to Child Abduction

Australia is regarded as the nation of travelers, considering the large numbers of residents who have family ties abroad. Despite this interesting fact, taking children overseas has become one of the common issues that arise between separated parents.

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Same sex adoption

Adoption by same-sex couples is now legal except for Northern Territory, South Australia and Queensland. Couples who cannot adopt can apply for parenting orders. The requirements or qualifications to adopt by same-sex couples would depend on the laws passed by the states or territory.

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Separated but united in parenting

Separation is a difficult time for any family, especially when there are children involved. There are options when deciding the issues concerning children, whether the parents are co-operating without going to court or using enforceable arrangements.

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Separation and added pressure of Christmas

Traditionally, the Christmas school holiday period is a busy time for both family lawyers and the Family Courts. The reasons for this may include the fact that any cracks in the relationship are often more obvious around

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Sexual allegations may alter the course of parenting proceedings

Under the Family Law Act, a sexual assault is a type of child abuse, wherein the child is forcefully and without consent engaged in sexual activity. When one parent alleges that the child has been sexually abused, the court places a primary consideration in the necessity to protect the child from further harm and violence brought by such situation.

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Shared Care Good, Bad or Ugly?

Ever since the 2006 reforms to the parenting laws in the Family Law Act, the issue of shared care or equal time has been a complicated one, that always touches a nerve, whichever side of the debate you might be coming from.

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Shared custody parenting plan

When Is It Appropriate? More commonly, one or both separating parents of children are reaching agreements or asking the court to order a shared care arrangement.

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Sharing of Parental Responsibility

The Family Law Act presumes that shared parental responsibility is in the best interest of the child. In a parenting order, it will be specified by the court whether the parental responsibility is shared or otherwise. If the order is a shared responsibility, decisions on major long-term issues must be made jointly by the parents and after proper consultation with each other.

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Sharing time in relocation cases

The best interests of children are met in part by ensuring that they have the benefit of having both of their parents meaningfully involved in their lives.

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She got pregnant for her eight so she ditched her seven children

A mother who was having issues in her mental health and drug use, and was described by the Court as extremely irresponsible and has set a trend of ending relationships, abandoned her children with their fathers. Before taking up another man in her life, the mother would ditch her 7 children.

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Stay order application

Child Support ('Child Support') is collecting child support from you while Child Support, the Administrative Appeals Tribunal (AAT) or the court decides your child support case.

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Step-parenting and adoption

Under the Family Law Act, a step-parent is treated as a stranger but they can apply for parenting orders pursuant to Section 65C of this law. However, a parenting order does not grant legal recognition of the step-parent as a parent of the child.

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Successful post divorce parenting

We all make mistakes in bringing up our children – being a divorced parent can make parenting even more difficult. Sometimes being divorced brings out the worst in people and in parents.

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Supervised contact is for the best Interest of the children

When there is a significant risk to the child of harm while being under a parent's care, the court can order for a supervised contact.

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Taking your child out of Australia after a divorce

In most cases, a child can obtain a passport to travel overseas only if both parents consent. If you want to travel overseas with your child after a divorce or separation, you will need to take certain steps.

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The benefits of skype

The benefits of Skype for separate or divorced parents.It is often difficult to maintain the quality of close relationships with a family who live far away. What happens when Mum and Dad separate and one parent relocates?

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The best interests of the child shall prevail

Family Law Act requires that when considering any action regarding children the “best interest of the child” shall prevail. By the “best interest of the child” what is meant is that the course of action which protects the child from physical and psychological harm shall be upheld.

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The Family Law Act 1975 gives federal courts welfare power in relations to children

This power allows the courts to interfere with a parent’s exercise of parental responsibility. However, the FLA also provides that a family court cannot make an order with respect to a child who is the subject of a State welfare order unless such order is expressed to come into effect once the child welfare law ceases. Usually, this happens with medical related children’s cases.

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The Family Law doors

The DOORS program is designed to assist separating parents and family law professionals to detect and respond to wellbeing and safety risks that family members may be experiencing after separation and specifically in parenting matters.

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The formal needs of a parenting plan strategy

When parties prefer to make private post-separation arrangements, there is no condition that the setup is to be in writing, nonetheless, if the plans are in producing, it might at that point take the form of a parenting strategy.

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Tips for single moms raising boys

I am not a single mom, but I had one. I stood by my mom as she went through a horrible divorce and we came out stronger on the other side. Kids don't come with user manuals, but with on-the-job training, which is not easy. Here are some of the things I've learned from being a son to a single mom..

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Travelling overseas with your children

Separated parents need to know certain things required by law that you need to be aware of when you plan to travel with your children overseas.Consent and issuance of passports are some of the more important considerations.

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

In this matter the father’s child support assessment was reduced after he stopped working at his employer. The mother successfully appealed this reduced assessment. The Registrar of Child Support now appeals that decision arguing that the judge misconceived the Tribunal’s process when changing the assessment.

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Two mothers in a child custody dispute

Same-sex relationships have revolutionised not only marital law, but also child custody. But in the interest of the child’s well-being, is it alright to disregard the rights of a non-biological parent?

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Types of parenting orders

Parenting orders can cover many issues and may be applied for by a parent, grandparent, child, or any other person concerned with the child’s best interests.

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Types of parenting orders. Aussie Divorce

Parenting orders can be made based on an agreement between you and your partner, or if you cannot reach an agreement, you can apply to the Court to make a parenting order after a court hearing. A parenting order is a set of orders made by the court about parenting arrangements for a child.

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Unfair Deal for Children When Parents Have to Represent Themselves

Poorly prepared cases do not get the justice they and their families deserve.Representing oneself in court has never been the best option, as knowledge of court procedure is not part of an ordinary person’s knowledge base. This means poorly prepared cases do not get the justice they and their families deserve

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Using Sharia law to get custody

Under Sharia Law daughters automatically go with the father. It is believed that he can look after them better as a provider and a father figure. Instead of trying to fight this battle through Australian courts, the mother decided to fight for her children using Sharia Law.

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Violence prevented mother from spending time with her kids

A mother from Victoria who has a history of violence against her three children was banned by the Court from seeing them. This decision of banning the mother was though regrettable according to the Court, yet necessary to protect the children.

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What are the basic facts about child support?

The basic principle that every parent has the primary obligation to support his child. This applies to children of person who did not even live together as husband and wife.

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What happens in family dispute resolution

Family Dispute resolution, or FDR, is intended to help the two people involved in a relationship sort out their differences, principally because they have agreed to separate yet there may be disagreement between them over important aspects of their relationship, particularly the future care and welfare of their children.

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What Happens When a Parent Wants to Move a Child to a Different City?

The Family Law Court will only allow a parent to move a child if the relocation is in the child's best interest.If you want to change your residence and can do so without affecting any existing court order or parenting agreement, moving is not a problem

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What is a Child Responsive Program for?

The Child Responsive Program is a means by which the family courts can assess the needs and wishes of children whose parents divorce or separate

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What is the courts view about children's issues?

Regardless of what the separated parents may think, the children have the right to spend their valuable time with their parents. There are too much of legal intricacies that govern this simple aspect.

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What should separate/divorce parents about school holidays?

When a relationship breaks down, parents should always put the needs of their children first. That isn’t always easy to do, but it is what Australian Family Law Courts expect. Putting kids first may require parents to make sacrifices, particularly when they decide how to deal with school holidays.

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What you need to know about not paying child support in Australia

Sometimes separated parents wonder how they can avoid paying child support during separation. Child support ensures that each parent provides adequate financial support to the children.

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when can a child decide which parent to live with

Courts give more weight to a child’s desire as the child gets older. Preferences expressed by a child who is still in elementary school will not usually receive the same consideration as those expressed by an older child.

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When can a parent be prosecuted for child abduction?

Child abduction by a parent is one common consequence when parents are locked in a bitter custody battle. One parent may take his own child away from the parent who has physical custody of the child and brings the child overseas to another country, usually the abductor-parents own country of residence or citizenship.

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When Children's Views Matter

When parents divorce or separate, the question of where and with whom the children will live becomes an issue. The Family Law Act directs the Family Court to consider three sides in deciding the issue: the father's side, the mother's side and children's side.

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Where should Children Spend their Christmas?

December is a holiday season for most families to spend time together. However, in separated couples, it may not be the same. Issues such as where children would spend their Christmas would usually become a fervent point of conflict between separated couples.

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Why children need fathers

Following the weekend where many of us throughout Australia celebrated Fathers Day, I want to take a moment to focus on the important roles fathers play in our society. Following the weekend where many of us throughout Australia celebrated Father’s Day, I want to take a moment to focus on the important roles fathers play in our society.

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Why shared parenting is important

Traditionally, mothers usually win child custody proceedings or cases involving the residence of the child. After separation and when the mother wins the residence of the child

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Your child’s education is a shared responsibility

Decisions about which school to enrol your child at and getting ready for school often cause disagreement when parents are divorced or separated. It is important to remember however that your child’s education remains your responsibility as the child’s parents, even after separation and divorce.

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Your percentage of care affects your Child Support

A protest took place outside the courtroom in Truro - a city in Nova Scotia, Canada - when a father of two considered it wrong that he should alone be responsible for paying child support and that the court had the right to demand to see evidence of his financial status.

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