Dynamic family situations are difficult, highly emotive and can be stressful. Many children are now part of blended families and cared for by non-biological parents. This changing state of the family unit reinforces the importance of understanding the rights of non-biological parents in family law proceedings.
Immediately following separation, there may be uncertainty as to parenting arrangements for you and your children. During this time, it is important to turn your mind to important documentation in respect of your child, such as their passport.
If you have not reached agreement and arrangements for spending time with your children for any upcoming Christmas holiday period, you need to act quickly. The Family Court sets a deadline of 4.00 pm on the second Friday of November each year for applications to be filed for parenting matters regarding the Christmas holiday period to be filed.
When working through and deciding arrangements for children, separated parents have the option of informal arrangements by way of a parenting plan or formalising arrangements by way of parenting orders from the Family Court.
For certain separated families, it is appropriate for the time one parent spends with the children to be supervised by a third party. There are many reasons why supervised time is either requested by one parent, offered by one parent or ordered by the Court.
Exposing a child to a parent (or third party) who is under the influence of drugs or alcohol, in possession of drugs, or engaging in family violence is unthinkable to most parents. A common conundrum that separated parents face is how to protect their child from harm whilst also supporting the child’s relationship with the other parent.
Child handover for parents and children can be complicated, difficult and a source of anxiety for all involved. When parents are co-parenting after separation, it is important for children, that handover is simple and cordial, and provides children with the least likely feeling of being tugged between parents.
Following separation, one of the first issues people turn their minds to is what if any, financial support they may be entitled to from their former partner. Child support and spousal maintenance can provide financial support to a spouse who may not have sufficient income to support themselves and their children after separation.
In parenting matters before the Family Court system, there are often allegations of risk, including drug use by a parent or carer of a child. Drug use, including illicit substance abuse, can indicate a lack of parental capacity and risk of harm or actual harm to others, including children.
Unfortunately, this is a question we commonly get asked during the holiday period, when one parent, after spending time with the children, unilaterally fails to return the children to the other parent. In this article, we explore options to apply for a recovery order.
A Child Impact Report is a report prepared by a Court Child Expert to provide information to the Court about the experiences and needs of the child in the context of a family law dispute before the Court.