The Hague Convention and international child abductions go hand in hand where there is an overseas party threatening to take a child. The Family Law (Child Abduction Convention) Regulations 1986 compel the Federal Circuit and Family Court of Australia (“FCFCOA”) to order the return of a child to their home country unless specific and exceptional circumstances exist. […]
Even in a difficult custody case, the best way to get child custody without going to court is through mediation. It is likely to suit all involved better than a court judgment and all the stress and extra cost of time and money. Mediation is a way to settle disagreements outside the courts, or to […]
Family law matters are complex reflections of complex modern family structures. Approximately 89,164 marriages were registered in Australia in 2021; of those, 56,244 couples got divorced. Australian couples, separated or divorced, constitute a wide range of family arrangements. Some couples share biological children, while others share step-children. Oftentimes, parental rights and step-parent’s rights are a […]
Considering moving with your kids interstate after separation? Can you do it? The short answer is yes, you can. However, if you decide to leave straight away without talking it through with your ex, chances are high that you will be served with a Court application for recovery orders. If you’re thinking about relocating with children, […]
We will tell you everything you need to know about child support. Either parent can apply for a child support assessment. Child Support issues an assessment setting out the amount of child support payable by one parent to the other. The assessment is based on a formula. The level of child support varies depending on […]
What is an Independent Children’s Lawyer (“ICL”)? They are a lawyer appointed by the Court to help determine a child’s best interests. ICLs are experienced family lawyers who have completed the national ICL accreditation program. Their fees are usually met in the first instance by Victoria Legal Aid, but parties are often requested to make a […]
Is court needed for parenting agreements? As usual with questions of law, it is the standard answer of ‘it depends’. But put simply, the answer is ‘no’ in terms of strict necessity. Australia’s use of non-adversarial dispute resolution for children’s matters has been trending for decades because of its preservation of familial relationships, its timeliness […]
My child wants to live with me after separation. Will the Court consider their views? When considering the best parenting arrangements for children, the Family Law Act directs the Court to consider the “best interests” of a child as the paramount, most important consideration. To identify what is in the child’s best interests, the Court must consider […]
Can a child be court-ordered to get vaccinated? In light of topical debate concerning mandatory COVID-19 vaccines, the Full Court of the Family Court of Australia made an important decision concerning the Court’s authority to make an order that a child be vaccinated, in cases where parents disagree. In Covington & Covington [2021] HCASL 179, the High […]
What happens if my Parenting Plan is breached? A Parenting Plan is a written agreement which covers parenting arrangements for children but is not formally approved by the Court. It is a more informal way of having arrangements in place for your children than Consent Orders, as the parties do not have to make a formal […]