The issuing of children's passports sometimes comes up when a separated couple is trying to work out parenting arrangements but more often than not it comes up unexpected and urgently. The challenges can be complicated and situations are rarely the same, so here are some quick tips that might prove helpful. How do I [...]
There is an expectation that parties to a court order will do as it says. A person infringes an order by acting illegally by breaching the order intentionally, or the person has made no reasonable attempt to comply. The court recently considered a case where a mother had refused to sign paperwork for the children [...]
The Australian Government Department of Human Services (DHS) formula assessment is based on children attending a State school, not a private school. How do school fees affect child support? If parents have an agreed intention that their child should attend a private school, then the agency will look at including a proportionate amount of the school fees [...]
If you have a final court order for your child’s care arrangements and you are wanting to change it, you have some obstacles to overcome. The largest obstacle is known by lawyers as the rule in Rice & Asplund. This rule says that “where there has already been a final order made in respect to [...]
It is not uncommon for a parent’s time with a child to be supervised if there are allegations of abuse and the judge determines the child is at an unacceptable risk of harm. Supervision allows the relationship to continue but ensures as far as possible that the child is safe. It is however unusual to [...]
Parents in Australia have a legal obligation to provide financial support for their children, which continues following separation until the child turns 18 (and on occasion, beyond). So, what does this payment actually cover? What does financial support for children cover? Child Support covers expenses for children such as food, housing, clothes, school costs and [...]
It is a common misconception that separation occurs only once you start physically living separately. In fact, many couples spend at least a short period separated under the one roof. So, what is that? Reasons for being separated but living under the one roof There are many reasons why a separated couple may remain living [...]
If your child has been taken overseas without your consent then you need to act quickly. Here are some quick practical tips on what you should consider in the event that your child is abducted: Family Law Watchlist In the event that your child may not have yet left Australia you can contact the [...]
Separated parents are often faced with a situation where the other parent wishes to travel overseas with the child. Whether this is for the purposes of a holiday or visiting extended family, it can make the non-travelling parent anxious about the safety of the child during the period of travel, whether the child will [...]
In a recent case in the Federal Circuit Court, the Judge was critical of the husband who was trying to claim that certain contributions during the relationship should be precisely accounted for in the final property settlement. The court explained that, in accordance with the law, the proper approach was a more holistic approach, which [...]
