
Articles & Resources
A Family Violence Intervention Order Without Admission
When a party agrees to an FVIO without making admissions, they are agreeing to the FVIO and the conditions, however, they are not agreeing to the allegations made in the application to get the FVIO. The family member that applies for the FVIO raises various allegations against the other family member and it is those allegations that are not being admitted.
Can my child decide which parent to live with?
There is a common misconception in separating families that once children reach a certain age, they are able to choose which parent to live with. While children’s views are of course important to parents, if parents are not able to reach agreement about their children’s living arrangements, the Court will ultimately make the decision and the children’s views will be only one factor which is taken into account in that decision.
What happens if parents cannot reach an agreement about vaccinating their children with the COVID19 Pfizer vaccination or any other vaccinations or immunisations?
The Australian Technical Advisory Group on Immunisation (ATAGI) has approved the Pfizer vaccine as being safe for use in children aged 5 to 11 years. From 10 January 2022 children aged 5 to 11 years can now receive a vaccination against COVID19.
Whether or not a child should receive a vaccination is a parental responsibility decision. Generally speaking, both parents have and share parental responsibility for their children.
What is a Family Violence Intervention Order?
A Family Violence Intervention Order (FVIO) is a court order to protect a person from a family member who is perpetrating family violence. A FVIO is designed to keep people safe by setting conditions to stop a family member from behaving in certain ways.
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What is an Independent Children’s Lawyer?
If you and your ex-partner aren’t able to agree on arrangements for your children, the Court may appoint an Independent Children’s Lawyer, or an ICL. The ICL’s role is to be independent of both parents and consider things from the best interests of the children.
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Travelling overseas with your children
The fact is that parents have an equal shared parental responsibility with respect to their children. Therefore, decisions such as going on holidays overseas requires both parents’ consent.
Travelling is an important part of everyday life for many families, however, since the onset of the Coronavirus pandemic, travelling with your children (whether you are separated or not) has become increasingly risky more so now that international boarders open on 1 December 2021.
Can you get legal custody and living arrangements made up for a pet “fur kid’ in a relationship breakup?
Imagine you’re in a relationship and you’ve expanded your family by getting a gorgeous dog or cat, your “fur baby”. Together you care for this animal and it’s very attached to both of you. Then a few years later the relationship breaks down and you decide to go your separate ways. Who legally gets to keep the pet you adopted together? Can you get custody of your pet or have legal living arrangements made up?
Tips for planning a happy festive season for separated parents
If you're a separated parent and you've been putting off the conversation about Christmas plans with your ex-partner, then now is the time to start that conversation!
Here's our 6 tips for planning a happy festive season for all the family…..
What is the new ‘Escaping Violence Payment’ for Women fleeing domestic violence?
In October this year the Federal Government created a payment called the Escaping Violence Payment for women experiencing domestic violence who will encounter financial difficulty when they leave a violent relationship.
Covid-19 and the Family Court
In recognition of the ongoing effects of Covid-19, the Family Court and Federal Circuit Court have expanded their national Covid-19 list.
Court deals with childrens arrangements and Covid
The Court has recognised that in some circumstances Covid 19 could provide a reasonable excuse for not following parenting orders.
Child's Best Interests - Court Orders Grandfather has time with his Grandson
The Full Court of the Family Court of Australia considered an appeal by parents, against a decision that the paternal grandfather be able to spend time with his grandson, aged 5 years.
Am I in a de-facto relationship?
You will be in a de-facto relationship with another person whether the relationship is between two persons of different sexes or between two persons of the same sex, if:
COVID-19 Unravels Binding Child Support Agreement
Parents often enter into Binding Child Support Agreements to give certainty regarding ongoing child support obligations. Binding Child Support Agreements can only be set aside in very limited circumstances.
Parenting continues after separation
Children learn an enormous amount about communication from observing the way their parents interact, and this is particularly true during a separation. Even silence sends a powerful message to your children.