Blog
Category: Parenting Matters
Final Parenting Orders in Family Law proceedings
Proceedings in the Family Court for children and parenting matters end when Final Orders are made (save for when proceedings are discontinued or dismissed). But are Final Orders ever really “final”?
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Can a child decide which parent they want to live with?
In short, a child cannot decide where they wish to live. A child can influence a decision of a Court as to where they live however, but they cannot be the ultimate decision maker.
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Legal costs in Family Law proceedings
Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
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Identifying some positive experiences for our children as a result of the pandemic
COVID-19 gifted us with the ability to spend more time with loved ones, including our children. For many Australian families, this was a gift; for others, it was an obstacle too great.
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Can I change my Family Court final orders?
It’s not unusual for someone to look at re-evaluating obligations under Final Orders made by the Family Court in property matters and/or parenting arrangements. The question is, can those Final Orders (including Consent Orders) be changed?
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The effects of separation (and divorce) on children
It has long been said “it is not separation that affects children, it is conflict”. No matter how amicable your separation (or divorce) may be, the process is still difficult and likely to be stressful. With children, you have the added pressure of ensuring all your actions are in the best interests of the children.
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Parenting orders for spending time with the children
Parenting orders can cover a whole raft of family law matters relevant to children; for example, parental responsibility. However, today we will be exploring the legislative framework for making parenting orders in respect of the time a child spends with each parent or with other significant people in their lives, such as grandparents.
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Are the views of the child considered in family law?
A common question in family law parenting disputes is: "Will my child’s wishes be considered?" Unfortunately, there is no clear-cut answer to this question. However, what can be said is that a child’s wishes alone will not determine a parenting dispute.
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What does parental responsibility mean?
The concept of “parental responsibility” is common to family law parenting disputes, however, there is often confusion surrounding what it means. Following widespread reforms of the Family Law System in 2006, the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) introduced the concept of “parental responsibility”.
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What is duty of disclosure in family law?
When a marriage or de facto relationship ends and a property settlement is required, the parties are required by the Family Law Rules to provide full and frank disclosure about their financial circumstances. This is referred to as your duty of disclosure.
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Formalising agreement reached regarding property settlement and parenting arrangements
Separation does not always mean animosity and disagreement. Partners who are ending a marriage or de facto relationship can often come to an agreement about property settlement and sharing time with any children of the relationship.
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