A breach of parenting orders is considered a very serious contravention in the Federal Circuit and Family Court of Australia (FCFCOA). The objects of the family law and its underlying principles are to ensure that a parent who is entitled to spend time with their child ought to be able to do so. Failing to Comply …
What is a “Reasonable Excuse” for a breach of Parenting Orders? Read More »
If one parent has sole parental responsibility, then they may on their own proceed to enrol the child where they consider is best for them. But what of the common situation of parents who have shared parental responsibility but are unable to agree as to schooling, whether this be in relation to a new enrolment or changing schools?
Where alcohol consumption is at a normal level and poses no risk of harm to the children or other parent, it is unlikely that the mere fact of alcohol being consumed would, on its own, lead a family court to draw any adverse conclusions as to that parent’s parenting capacity. Where there are allegations of alcohol misuse then a family court must assess the level of risk.
In theory, parenting orders are intended to be final and remain in place until the child turns 18 years of age. Yet we all know that parenting arrangements are not static and usually evolve as the children grow older and the parties’ circumstances change. How does family law approach this apparent dilemma?
A parenting plan is not a legally enforceable agreement and is different from a parenting order which is made by a court. Your parenting plan can be turned into parenting orders. From a practical point of view, it is a good idea to agree on a parenting plan first, and then to have this parenting plan turned into parenting consent orders by the court.
In this article we answer the question: Who ordinarily has parental responsibility for a child?
Introduction Most people will understand the terms “child custody” and “contact”, yet in the family law, these are outdated terms. The terminology changed as a result of changes to the legislative framework brought about by the Family Law Amendment (Shared Parental Responsibility) Act 2006 that came into operation on 1 July 2006. The old terminology …
The Family Court has developed a trial process aimed at minimising the negative impact that an adversarial trial can have on the parties involved, especially the children. The Family Court takes a less adversarial approach to trials in child-related proceedings. This means a trial in a child-related proceeding. Is focused on the children and their …
Child support The child support scheme aims to ensure that children receive an appropriate level of financial support from parents who are separated. The Department of Human Services (DHS) delivers the scheme and provides services to parents and carers. DHS assists parents to apply for a child support assessment and facilitates the collection and transfer …
Quite frequently as circumstances change, the parties may wish to make some changes to a Parenting Order. At other times, the parents may feel that the orders are simply not working as intended. The question is can the parenting order be changed. The short answer is yes. There are 3 scenarios in which Court orders …
Separation is when you and your partner stop living together in a domestic or marriage-like relationship. Your partner does not have to agree to the separation, however he or she needs to know that you think the relationship is over. There are no legal processes to become separated. Divorce is the official ending of marriage. …
