Blog
Category: Parenting Matters
When child protection laws and family law intersect
In Australia, both family law and child protection laws aim to keep children safe from harm and support their wellbeing. However, they are handled by different courts, follow different procedures, and involve different agencies. When these two areas overlap, it can often create confusion for parents and carers.
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Mental health assessments in family law parenting proceedings
If a parent is struggling with mental health issues, the court must consider whether these affect their ability to care for their child safely and consistently. This article explains how and why mental health assessments are used in Australian family law, how they are conducted, and what impact they may have on a case.
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When can I stop paying child support in Australia?
Child support, if using the Child Support Agency, is a formula assessed on each parent’s taxable income. With the variations on what is a “taxable income” declared to the Child Support Agency, there are times when parents wonder if they can stop paying child support.
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Understanding litigation guardians (or case guardians) in family law
Sometimes, people involved in a family law matter may be unable to represent themselves due to age, incapacity or disability. In these circumstances, a litigation guardian (or often referred to as a case guardian) may be appointed.
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Negotiating the costs of extra-curricular activities after separation
A common area of confusion for separated parents is whether child support covers the costs of extra-curricular activities such as sports, music lessons, school camps, or dance classes and, if not, what other options there are for payment of these activities.
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What are ex parte orders and how can they affect my family law case?
Family law proceedings can become more difficult if your ex-partner is uncooperative and you require urgent court intervention. In some cases, one party may need to seek an order from the court without notifying the other party. These are known as ex parte orders, and they can play a critical role in your family law matter.
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What happens if my ex-partner declares bankruptcy after separation?
It is crucial that you understand how bankruptcy can impact your rights, finances, property settlement and even parenting arrangements. This article will explain what may happen if your ex-partner declares bankruptcy after separation and what steps you can take to protect yourself.
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A comprehensive guide to family law consent orders
Resolving family law disputes can often feel overwhelming, especially when emotions are running high. However, there is a way to formalise agreements on issues like parenting matters, property division, and financial support (spousal maintenance) without a lengthy and costly Court battle.
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Family Reports in parenting proceedings
When you have parenting proceedings before the Court, the Court may decide (or the parties may agree) that the matter would benefit from the assistance of a social worker/psychologist or psychiatrist to undertake a forensic assessment of the family. The appointed person is referred to as the Single Expert Witness or Family Report Writer.
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Arranging extra-curricular activities that may infringe on the other parent’s time with the child
We look at how making arrangements for your child’s extra-curricular activities can lead to conflict around parenting arrangements and the Court’s view about applications to deal with such conflict.
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Pre-action procedures before commencing proceedings in the Family Court
Before you can take your family law dispute to court, you must fulfil certain “pre-action procedures” to show the courts you have made a genuine effort to resolve your dispute before commencing proceedings.
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Can I secretly record my ex for family law proceedings?
If your communications with the other side start to get messy or out of control, sometimes there is panic and people can be tempted to covertly and secretly record conversations. It’s important to know that there are legal limitations as to whether those recordings can or will be considered in Court and whether they were legally taken at all.
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