Blog
Category: Children and Parenting
A guide to family law Consent Orders
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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How does the Family Law Watchlist work?
If you’re worried that your child may be taken overseas without your consent, and there are parenting orders or a court application on foot, your child can be placed on a list known as the Family Law Watchlist (formerly called the Airport Watchlist).
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What is the difference between child support and adult child maintenance?
We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
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Significant changes to the Family Law Act effective from May 2024
In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
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Supervised time in family law parenting matters
Following separation, many parents are able to come to an agreement about arrangements for the care of their children. However, often there can be disputes and, in some circumstances, and under certain conditions, an arrangement for supervised time with the children may be an option.
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Pre-action procedures before filing in the Federal Court and Family Court of Australia
Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
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What does “best interests of the child” mean in family law?
Where parents cannot agree to parenting arrangements outside of Court, they can make an application to the Court to make a decision. The Court is only able to make orders that are in the “best interests of the children”.
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Can parenting orders be changed?
Parenting orders are orders of the court that provide for parenting arrangements, and as such, they are legally binding. Parenting orders can only be changed in very specific circumstances.
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National Contravention List to enforce Family Court Orders
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
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What is a Child Impact Report?
The Family Court often requires information about your child and may order the preparation of certain reports. One of these reports is known as a Child Impact Report.
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Drugs and alcohol in family law parenting matters
The misuse of drugs and/or alcohol and the existence of family violence can have a significant impact on parenting proceedings. It’s crucial that your case is being managed properly and any risk to the children is appropriately addressed.
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Parenting plans vs parenting orders
Generally speaking, parenting plans are entered into in a less formal way and are cheaper than parenting orders. They are not, however, legally enforceable.
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