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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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How a child support lawyer can navigate through a child vaccination dispute

Seeking advice from a child support lawyer in the midst of a global pandemic can add another layer of complexity to your legal proceedings. Medical developments remain ongoing as awareness of health advice heightens. As a result, it is difficult to navigate what actions are mandatory or optional. A particular area of uncertainty surrounds the vaccination status of children between the ages of five to eleven.

A recent decision passed in the Federal Circuit and Family Court of Australia explores this issue. As well as the relationship between law-making and law-enforcing authorities. A child support lawyer can inform you of Australia’s powers and their separation into three arms. More importantly each is a distinct authority tasked with specific roles; therefore they cannot influence one another. For example, parliament has the power to make and change laws. Whereas, the judiciary (the courts) is responsible for passing judgments on the law. [...]  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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Divorce Lawyer advice on dealing with different contributions in a property settlement agreement

By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group In discussions around a property settlement agreement with a divorce lawyer, it is often thought that the focus is only on the financial contributions.

In 1995 Justice Fogarty of the Family Court addressed the issue of contributions in divorce settlements by divorce lawyer in the case of Waters v Jurek;

“In most marriages there is a division of roles, duties and responsibilities between the parties… On separation, the partnership and the division of roles and responsibilities which it produced come to an end, and individually the parties are left largely in the personal situation that the marriage had assigned to them. However, the world outside the marriage does not recognise some of the activities that within the marriage used to be regarded as valuable contributions…. Post separation the party who had assumed the less financially rewarded responsibility of the marriage is at an immediate disadvantage. Yet that party often cannot simply turn to more financially rewarding activities.  Often, opportunities to do so are no longer open, or, if they are, time is required before they can be assessed and acted upon”. [...]  READ MORE →