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A revamp to the Family Law system? How a Child Custody Lawyer’s role may change because of proposed reform

The family law system has been a subject of scrutiny over the years. The legal framework is made up of specialists (e.g., child custody lawyers) who continue to work within a unique area of law that has a substantial effect on an individual’s family structure. With the recent merger of the Federal Circuit Court of Australia and the Family Court of Australia in 2021, the now Federal Circuit and Family Court of Australia (‘FCFCOA’) was formed to reduce the complex legal processes arising from the dissolution of a relationship. [...]  READ MORE →

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FAMILY LAW LAWYER EXPLAINS THE PRESUMPTION OF EQUAL SHARED PARENTAL RESPONSIBILITY AND WHERE EXCEPTIONS OPERATE

A family law lawyer understands the dissolution of a relationship brings difficult and unforeseen changes to living arrangements. When there are children to a relationship this task is burdened by the extra question of whom and or where the children will live.

Understandably, it is within the court’s interest that children to a relationship are afforded the opportunity to spend equal and shared time with each parent. This is a presumption that is outlined in s 61DA(1) of the Family Law Act 1975 (Cth) which provides for the court to be conscious of this consideration when making a parenting order. [...]  READ MORE →

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A child custody lawyer outlines the presumption and evidence of parentage

In uncommon and unfortunate circumstances a child custody lawyer may be called to advise a client who doubts the identity of the biological parent of their child. When this scenario arises, the law applies a presumption in respect of parentage and the evidence that may be obtained to decide the identity of the biological parent by law.

How does the law determine a presumption?

A child custody lawyer can recognise how the Court is able to make presumptions. More precisely, how the Court will readily make a presumption for the following: [...]  READ MORE →

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Seeking a child custody lawyer to recover your child

There are varying scenarios where a threat, removal or disappearance of a child can take place. A child custody lawyer will be able to advise you on the different responses required depending on the nature of relocation; whether it is international, interstate or within a state. Commonly, the scenarios listed can arise:

  • Flight risk within Australia
  • Unilateral relocation within Australia
  • Disappearance by other party with child
  • Overseas flight risk
  • Child passport alert
  • Overseas child abduction

If the respondent’s whereabouts are unknown and every effort has been made to locate them then a child custody lawyer may advise the option of applying for a location order. This falls under s 67K of the Family Law Act 1975. This order will require an individual (e.g. family or friend) or a Commonwealth department (e.g. Centrelink or ATO) to provide the Court with any information they have or which they will have that may assist in locating the child. If there are no prior parenting orders in place or a party has commenced proceedings asking the Court to make parenting orders the requirements are as follows: [...]  READ MORE →

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Advice from a separation lawyer in a child custody dispute

Seeking advice from a separation lawyer during a divorce can be necessary especially if there are children from the marriage who are under 18 years old. Generally, a parenting order allows for a child’s parents to have equal shared parental responsibility. Once this order has been made (and the presumption not rebutted) then the court must consider if the child spending time (equal, substantial or significant) with each of the parents is reasonably practicable.

In the recent decision of Miley [2021] FedCFamC1A 62, the Court heard a mother’s appeal against a decision which ordered the return of a child from Victoria to Western Australia. With assistance from a separation lawyer, the parents of the child separated in 2017. Prior to then, the parents were all residing in Western Australia. [...]  READ MORE →

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How Child Support Lawyers Determine a Child’s Best Interest

It is no easy feat understanding the turmoil and emotional challenge that children endure during a family separation. Whilst lawyers have a duty to their client, child support lawyers will seek to consider the best interests of children as paramount. Child support lawyers understands the court’s perspective and approach to complex family law disputes. Pursuant to section 60CC (2) of the Family Law Act 1975 the Court must have regard to certain primary considerations as set out in the Act, to determine a child’s best interests. [...]  READ MORE →

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Changing Parenting Orders And The Principle Of Rice & Asplund

Under section 65D(2) of the Family Law Act 1975, a Court can make an order to discharge or vary a parenting order. A child custody lawyer will be able to inform you that despite this power, there was an important principle set out in the case of Rice & Asplund [1978] FamCA 84. This case ruled that a Court should avoid changing parenting arrangements unless there has been a significant change in circumstances or new material facts to justify such a “serious step”. Seeking advice from a child custody lawyer will help analyse the applicability of this test in the event that you may want to vary a prior parenting order. [...]  READ MORE →

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How Do I Get Equal Child Custody of My Kids?

An equal time arrangement for children is typically called a “week about” arrangement. That arrangement involves the children spending one full week with one parent and then one full week with the other parent on an ongoing basis. Sometimes an equal time arrangement may take other forms across a fortnight or month arrangement such as the children spending Monday to Thursday with one parent and Friday to Sunday with the other.

When deciding on child custody arrangements, the primary consideration should be the best interests of the child. How will the children cope spending a week away from the other parent and the shifts in household over the school term? Is the arrangement reasonably practical and are both parents able to communicate with each other? [...]  READ MORE →

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Divorce Lawyer Explains section 114 Orders – Restraining Travel to Enforce Property Settlements

A divorce lawyer explains how the Family Court can impose restrictions on travel to ensure compliance with Family Court Orders.

In accordance with section 114 of the Family Law Act, the Family Court has the power to restrain a person from leaving Australia pending compliance with Family Court Orders, including final orders.

The Court will consider the following:

  1. A person’s freedom of movement, and
  2. The likelihood that the Order will not be complied with if the paying party’s freedom to leave the country is not restrained.

Ultimately, the Judge is faced with a balancing exercise and will consider whether the person’s compliance with the Orders outweighs their personal freedom of movement. [...]  READ MORE →