Parenting Matters What Age Can a Child Decide What age can a Child Decide? After separation, parents often wonder when children are able to decide for themselves where they live, or how often, and in what circumstances, they see their parents. The short answer is that the Family Law Act 1975 allows the courts to […]
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Family Law Matters Indigenous Australians and the Family Law System What are some of the barriers that Indigenous Australians face when accessing the family law system? The legal system has long been found to be failing all members of the Australian community with regards to access to the legal system, particularly highlighted within a Senate
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Property and De Facto Matters Binding Financial agreements What is a Binding Financial Agreement? A Binding Financial Agreement is a term for a financial agreement that can be made under the Family Law Act either before, during or after a defacto relationship or marriage. A Binding Financial Agreement sets out how property will be divided
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Information Update Family Law amid COVID19 Already within a matter of months, COVID-19 has upended the lives of children and families across the globe. School closures and movement restrictions are disrupting children’s routines and support systems. They are also adding new stressors on caregivers who may have to forgo work. Evidence and what to expect
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Case Study Child Relocation Cahan & Kafka [2019] FCCA 2421 The case of Cahan & Kafka [2019] FCCA 2421 (30 August 2019) provides an example of where a parent was denied their application to relocate the child to a different city. In this case, the mother received a job offer which would result in a
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Parenting and Property Matters Harmonisation of the Courts The complex overlap between the jurisdiction and administration of the Family Court of Australia and the Federal Circuit Court has been heavily criticised as being “confusing, inefficient and [for] causing unacceptable delays’’. Traditionally, the two-court system was been constructed in order to enable better specialisation, wherein the
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Parenting Matters Views of the Child in Parenting Matters Are the views of the child relevant to parenting orders? Under the Family Law Act 1975 (Cth) (“the Act”), the Court gains the power to make parenting orders that are binding on all parties involved. In so considering what Order would be in the “best interests
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Parenting Matters The Impact of Family Violence Upon Children How is Parenting Order made? Under Section 64B of the Family Law Act 1975 (Cth) (“the Act”), the Court gains the power to make parenting orders that are binding on all parties involved. In making such an order, under Section 61DA(1) of the Act, the starting
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Binding Child Support Agreement terminating a child support agreement How to Terminate a Child Support Agreement Child support agreements must be approached with caution as it is extremely difficult to vary or terminate an agreement already in place. There are limited ways to terminate a child support agreement, and this will depend on how the
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Child Relocation Parenting Matters Child Relocation If your child lives with you and you need to relocate, you should speak with the other parent first. You should discuss your proposal for relocation with the other parent including the proposed living arrangements for the child, and when the other parent will spend time with the child. The Family
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