Co-parenting dynamics can become particularly challenging when a child expresses a desire not to spend time with one of their parents. Navigating this situation requires sensitivity, communication, and a thorough understanding of family law. Here are some considerations and steps a parent can take when faced with the challenging scenario of a child expressing a wish not to spend time with them.
Open and Honest Communication The foundation of any resolution begins with open and honest communication. Create a safe space for the child to express their feelings to you without judgment. Encourage them to share their concerns and reasons for their wish not to spend time with you. Understanding their perspective is crucial in finding a constructive solution. Explore the Root Causes Dive deeper into the reasons behind the child’s expressed wish. It could be influenced by various factors, such as changes in routine, parental conflict, or developmental issues. Identifying the root causes can guide you in addressing the underlying issues. Professional Mediation or Counselling If communication proves challenging, consider seeking the assistance of a professional mediator or family counsellor. A neutral third party can provide insights into the family dynamics, facilitating discussions and helping all parties involved find common ground. Legal Guidance It is essential for you to be aware of your legal rights, obligations and responsibilities under Australian Family Law. Seeking legal advice can help clarify the legal aspects of the situation, ensuring that the child’s best interests are prioritised while still respecting the child’s right to have a meaningful relationship with you. Child’s Best Interests Importantly, Australian family law courts prioritise the best interests of the child. Parents should focus on creating an environment that supports the child’s emotional and psychological well-being, even if it means adjusting the existing co-parenting arrangement. Encourage Reconciliation and Rebuilding Trust If the child’s reluctance is due to past conflicts or issues, actively work on rebuilding trust. Encourage positive interactions and emphasise the importance of maintaining a meaningful relationship with both parents. Respect the Child’s Autonomy As children grow, they develop a sense of autonomy. While it is crucial to address concerns and maintain a strong parent-child relationship, respecting the child’s growing independence is equally important. Striking a balance between guidance and allowing the child some agency can contribute to a healthier dynamic. Show Empathy and Patience Approach the situation with empathy and patience. Recognise that the child’s feelings may evolve over time, and resolving these issues may require ongoing efforts and understanding. Focus on Quality Time Emphasise the quality of time spent together rather than the quantity. Quality interactions can help strengthen the parent-child bond and create positive memories that contribute to a healthier relationship. In navigating the complexities of family law and a child’s expressed wish not to spend time with a parent, collaboration, understanding, and legal awareness are paramount. By prioritising the child’s best interests and fostering open communication, co-parents can work towards a resolution that ensures the child’s well-being and maintains a healthy parent-child relationship. Need help? Contact the Brisbane or Cairns family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers in Brisbane. Find us on Google Maps: Expert Family Lawyers in Brisbane. Devoted Family Lawyers in Cairns. Skilful Family Lawyers in Milton on Google Maps. Find Brisbane family lawyers on Google Maps near you You may also like to know more information about the
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If you find yourself in a situation where changing a child’s name is necessary but obtaining consent from the parents listed on the original birth certificate proves challenging, you may need to seek an Order from the Magistrates Court. Here’s a concise guide to help you through this endeavour.
Step 1: Initiating the Process Begin by completing the Originating Application (Form 5), available on the court’s website. This form must be submitted in triplicate, accompanied by the required fee. You must ensure that your Application includes your name as the applicant, the names of the named parent(s) to be served (the respondent), and the child’s name and date of birth. Step 2: Supporting Your Case You will then need to compose a Supporting Affidavit (Form 46), also in triplicate. This document should provide crucial information about the reasons behind the desired name change. Be sure to include details about the child’s contact with the respondent parent, or the lack thereof, to substantiate your case. You should also include other important factors that the Court may take into account when considering your Application. These factors are discussed further in another blog. Step 3: Documenting the Basics You will need to include a certified copy of the child’s birth certificate with your Application. This step is essential to validate the information and ensure a smooth process. Step 4: Orders Next, you will need to complete Form 59, also in triplicate. This form is designated for the subsequent stage of the process – the Orders. However, this form is to be formalised after the court event or when the Application is granted. Step 5: Court Date and Fee Upon filing your Application and paying the current filing fee, you will then be assigned a court date. During the court event, you will be asked about serving the Application to the respondent parent. Posting the Application is sufficient, and you may choose to swear and provide an affidavit of service or attempted service. Step 6: The Magistrate’s Decision If the Magistrate is satisfied with your Application, Orders will be made. Once signed and sealed, these Orders can be presented to the Registrar of Births, Deaths, and Marriages for the necessary changes to be made to the child’s birth record. Accessing Forms You will find the required forms – Form 5, Form 46, and Form 59 – on the court’s website under the Uniform Civil Procedure Rules 1999. Navigating the legal intricacies of changing a child’s name without the consent of the parents listed on the birth certificate may seem daunting, but with the right documentation and adherence to the outlined process, it becomes a manageable endeavour. Take the necessary steps, present your case diligently, and with a favourable court decision, you can proceed to update the child’s birth record through the Registrar of Births, Deaths, and Marriages. Need help? Contact the Brisbane family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers in Brisbane. Find us on Google Maps: Expert Family Lawyers in Brisbane. Devoted Family Lawyers in Cairns. Skilful Family Lawyers in Milton on Google Maps. Find Brisbane family lawyers on Google Maps near you You may also like to know more information about the
GUIDELINES FOR INDEPENDENT CHILDREN’S LAWYERS
Endorsed by the Chief Justice (Division 1) and Chief Judge (Division 2) of the Federal Circuit and Family Court of Australia and the Chief Judge of the Family Court of Western Australia. Table of Contents The Purpose of these Guidelines This document is intended to provide guidance to the Independent Children’s Lawyers (ICL) in fulfilling their role. The Guidelines have also been issued for the purpose of providing practitioners, parties, children and other people in contact with the family law courts, with information about the courts’ general expectations of ICLs. The Guidelines set out these expectations as they relate to children in circumstances where allegations of child abuse and/or family violence are made, children from culturally and linguistically diverse families and communities, children with disabilities, Aboriginal and Torres Strait Islander children, and where applications arise for the authorisation of special medical procedures and other orders relating to the welfare of children. This is a public document which is endorsed by the Chief Justice (Division 1) and Chief Judge The Guidelines will be used in the training of ICLs. Introduction The role of the ICL is unique. The lawyer appointed to represent and promote the best interests of a child in family law proceedings has special responsibilities. Decisions in particular cases as to how the ICL progresses the case and how s/he involves the child in the case are ultimately, subject to the statutory requirements in Division 10 Part VII, in the ICL’s discretion. The ICL is expected to use their professional judgment and skill, subject to any directions or orders of the court. The availability of funding is a practical constraint. The way in which the ICL acts may not always meet with the approval of the parties or the child, but this does not mean that the ICL has failed in their professional responsibilities. Statement of Principles The appointment of an ICL is one means of giving effect in family law proceedings to the United Nations Convention on the Rights of the Child, now referenced in the Objects of Part 7 of the Family Law Act 1975, which states that: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” (Article3.1) “States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.” (Article 12.1) “For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body consistent with the procedural rules of national law.” (Article 12.2) The role of the ICL The best interests of the child will ordinarily be served by the ICL enabling the child to be involved in decision-making about the proceedings. However, this does not mean that the child is the decision-maker. Among the factors that indicate the appropriate degree of involvement in an individual case are: the extent to which the child wishes to be involved; and the extent that is appropriate for the child having regard to the child’s age, developmental level, cognitive abilities, emotional state, and views. These factors may change over the course of the ICL’s appointment. The ICL is to act impartially and in a manner which is unfettered by considerations other than the best interests of the child. The ICL must be truly independent of the court and the parties to the proceedings. The professional relationship provided by the ICL will be one of a skilful, competent and impartial best interests advocate. It is the right of the child to establish a professional relationship with the ICL. The ICL should seek to work together with any Family Consultant (including a Court Child Expert performing the role of Family Consultant) or other relevant expert involved in the case to promote the best interests of the child. The ICL should assist the parties to reach a resolution, whether by negotiation or judicial determination, that is in the child’s best interests. The ICL should bring to the attention of the court any facts which, when considered in context, seriously call into question the advisability of any agreed settlement. The ICL is to promote the timely resolution of the proceedings that is consistent with the best interests of the child. The ICL does not take instructions from the child but is required to ensure the court is fully informed of the child’s views, in an admissible form where possible. The ICL is to ensure that the views and attitudes brought to bear on the issues before the court are drawn from and supported by the admissible evidence and not from a personal view or opinion of the case. The ICL is expected and encouraged to seek peer and professional support and advice where the case raises issues that are beyond his or her expertise. This may involve making applications to the court for directions in relation to the future conduct of the matter. The ICL must, if satisfied that the adoption of a particular course of action is in the best interests of the child, make a submission to the court suggesting the adoption of that course of action. Need help? Contact the Brisbane family law team at James Noble Law today for a FREE 20-minute consultation no obligation. To schedule an appointment with one of our Qualified and experienced Affordable Family lawyers in Brisbane. Find Brisbane family lawyers on Google Maps near you. 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Who should be advised?The ICL must file and serve an Address for Service to advise the court and the parties of their appointment.
The ICL is to advise all necessary agencies, for example, the Federal Circuit and Family. Court’s Court Children’s Service and the State Welfare Authority, of their appointment. To the extent that such information has not been made available as a result of responses to Notices of Child Abuse, Family Violence or Risk, the ICL is to utilise the section 69ZW process (section 202K Family Court Act 1997 (WA)) to seek information about:
It is expected that the ICL will meet the child unless:
The parties and their legal representatives should be encouraged to be non-adversarial where possible and to maintain a focus on the child’s best interests. The ICL should promote this approach whenever appropriate. The ICL should as soon as practicable inform the parties of their role and use their best endeavours to ensure the parties understand the ICL’s role within the proceedings. Where parties are legally represented, communication between the ICL and the parties should normally be through the legal representatives. The ICL may need to have direct contact with the parties during the course of the proceedings. Such contact must have the consent of the party concerned and should normally be arranged through the parties’ legal representatives. If one or more parties are unrepresented, the ICL is to communicate directly with the party and should advise the other parties of the fact of any meeting with an unrepresented party. The ICL is not required to communicate to the other parties the substance of his or her conversations with the child. The ICL must at all times be and be seen to be independent and at arm’s length from any other party to the proceedings. The ICL is to act as an “honest broker” on behalf of the child in any negotiations with the other parties and their legal representatives. Once the ICL has formed a preliminary view as to the outcomes which will best promote the child’s best interests, the ICL will consult with the child and take into consideration any expressed views of the child, as may be appropriate in all the circumstances. The ICL will then communicate their views and details of proposed orders to the parties where possible. If during the period of appointment of the ICL there are proceedings between other parties in respect of contravention of an order, generally the role of the ICL ought not be an active one. However, this is subject to the proviso that where the ICL considers (a) that such proceedings are detrimental to the best interests of the child or (b) that the presence of the ICL may further the best interests of the child, then it is appropriate for the ICL to be present and, if necessary, to seek to appear in the proceedings. The ICL must, however, be served with the application and any supporting material, and be notified by the parties of any findings and sanctions imposed by the court. Case planningThe ICL is to seek to develop a case plan at the earliest opportunity, where appropriate, in consultation with any Family Consultant or other expert involved in the case. In the case plan, the ICL should:
Changing, reviewing or terminating the appointment of the ICLThe appointment of an ICL for sibling groups can present special difficulties. Cases may arise where the ICL may need to give consideration to the court making a further assessment as to whether the proceedings require another ICL to be appointed. The ICL should consider the usefulness of the order for representation of the child from time to time during the course of a case. The matter should be relisted and an order sought from the court discharging the appointment if the ICL is of the opinion that:
ReportsThe ICL’s communications with a Family Consultant or expert are not privileged. Evidence of these communications may be included in a report or given in oral evidence. If a Family Consultant or other expert is requested to prepare a report, the ICL should, to the extent that the issue is not the subject of an order by the court:
It is not the role of the ICL to direct the methodology to be used by the family report writer or single expert. The methodology must be based upon the author’s sound clinical experience. Interim hearingsTime constraints and the circumscribed nature of interim hearings may result in the ICL not having the opportunity to fully investigate the child’s circumstances. However where possible, the ICL should have issued subpoenas to relevant agencies and be in a position to tender relevant material. Such evidence is particularly helpful to the court where allegations of unacceptable risk are present in the case. In circumstances where little is known about the child’s situation the ICL should be circumspect and should not feel compelled to make a submission as to the child’s best interests, presenting rather an analysis of the available options to the extent possible. Where the court is to make interim or procedural orders, the ICL should consider whether they adequately promote the best interests of the child and make submissions as appropriate. The ICL should ensure so far as is possible, that the child’s wishes are made known to the court in admissible form. Final hearing (the trial) If the matter proceeds to trial, the ICL should comply with all procedural and timetable requirements. The ICL should identify and obtain relevant documentation, organise the preparation of appropriate reports and arrange for relevant witnesses such as State Welfare Authority officers, police officers, school teachers or similar persons to give evidence. The ICL should be proactive in matters heard under Division 12A and be familiar with community based organisations which can provide continuing assistance to the child and the child’s family. The ICL is to promote the timely resolution of the proceedings that is consistent with the best interests of the child. The ICL should be proactive and bring to the court’s attention matters which might hinder the court’s capacity to determine the matter on a final basis (for example, a family report not being progressed). Where the ICL has formed a preliminary view as to the outcomes which will best promote the child’s best interests, it may be appropriate to inform the court at the commencement of the first day of hearing of those views and where appropriate, provide details of draft orders. The ICL is to arrange for the collation of all relevant and reasonably available evidence including expert evidence where appropriate, and otherwise ensure to the extent possible, that all evidence relevant to the best interests of the child and the considerations set out in section 60CC of the Family Law Act 1975 is before the court. The ICL is not responsible for adducing evidence to establish the case of a party. The ICL is to test by cross-examination or other processes where appropriate, the evidence of the parties and other witnesses, including witnesses who are called by the ICL. The ICL is to make submissions evaluating the evidence and the proposals of each party and in doing so it is expected that the ICL will consider any practical problems associated with, and possible solutions for, such proposals. In appropriate cases the ICL will also make submissions as to the proposed terms of orders. Children rarely give evidence in proceedings. However, there may be cases where consideration is to be given to what direct role the child might have in giving evidence to the court. If the ICL believes that it may be appropriate for the child to give evidence, the ICL should consult with the Family Consultant or single expert. Where a child of sufficient maturity wishes to give evidence, the child should be appropriately advised and the opportunity to apply to give direct evidence canvassed. The purpose of section 100B should be explained to the child. At the conclusion of the proceedingsThe ICL should consider whether leave should be sought to provide copies of the orders, reasons for judgment of the court and any other material, including expert reports, to any relevant professional involved with the family. In appropriate circumstances the ICL has a responsibility to explain to the child, or to facilitate an explanation by a Family Consultant or other appropriate expert who has provided a report in the case:
Where the ICL is appointed for a sibling group, consideration should be given to whether explanations are best provided on an individual or group basis. The ICL does not monitor final orders unless there are exceptional circumstances and there is an order to this effect. The ICL should ensure that the file contains a record of outcomes of proceedings so that it is informative to any subsequent ICL that may be appointed and easily understood by the child if he or she is able to access it in later life. AppealsThe ICL has a right to appeal orders made by the court on behalf of the child. The ICL should consider whether an appeal is appropriate. An appeal should only be lodged where the interests of the child would be promoted by such a procedure and after taking the views of the child into account. If one of the other parties appeals, the ICL should inform the child and explain the process involved unless there are particular reasons not to do so. Where appropriate the ICL should participate in the hearing of the appeal. Need help?Contact the Brisbane family law team at James Noble Law today for a FREE 20-minute consultation no obligation. To schedule an appointment with one of our Qualified and experienced Affordable Family lawyers in Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
The relevant authorities set out some of the applicable principles as follows:
The objects of the Act are identified in s 60B, which sets out not only the objects of the Act but the principles to be applied. The best interests of a child are determined by an examination of the factors as set out in s 60CC of the Act. Section 60CC(2) sets out the primary considerations in determining what is in the child’s best interests. In applying these considerations, the Court gives greater weight to the consideration set out in s 60CC(2)(b). Section 60CC(3) sets out additional considerations in determining what is in the child’s best interests. In Mulvany & Lane [2009] FamCAFC 76; (2009) FLC 93-404, May and Thackray JJ stated: It is important to recognise that the miscellany of “considerations” contained in ss 60CC(2) and (3) is no more than a means to an end. Self-evidently, they are only matters to be considered. Of course, we accept they are of great importance, being the factors identified by Parliament as those the Court must take into account (when they are relevant). However, they must be applied in a manner consistent with the overarching imperative of securing the outcome most likely to promote the child’s best interests. It needs also to be remembered that the importance of each S 60CC factor will vary from case to case.. In Bilz & Breugelman [2013] FamCA 578, Austin J in an examination of the relevant authorities set out some of the applicable principles as follows: Schooling disputes are not resolved by application of a “blanket presumption” or preference for the views held by the residential parent. The Court is required to apply the objects and principles of Part VII of the Act and to consider the statutory criteria in forming conclusions about the child’s best interests. In particular, the process of evaluation should not entail an assessment of the relative merits of the schools preferred by the parties, at least in circumstances where the competing schools are prima facie satisfactory. Ordinarily, it will be in the child’s best interests to attend a school close to his or her residence, and further, it is proper to consider the evidence as to any greater effect of the decision upon the resident rather than non-resident parent, but that does not mean the convenience of the non-resident parent is ignored. While the views of the child are relevant to the inquiry, as s 60CC(3)(a) of the Act now stipulates, those views are usually not determinative. That is because, unless a child is actively unhappy in a particular school environment, it is not at all unusual for the child to express a desire to remain at his or her existing school. There is conflict in the authorities about whether any prior agreement between the parties concerning the child’s schooling is influential. There also seems a difference of opinion about the need to refer specifically to each of the factors enumerated in s 60CC or whether it is permissible to simply analyse the evidence discursively with those factors in mind Additional considerations such as the following are relevant:(a) Any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child’s views. (b) The nature of the child’s relationship with each of the parents and other persons. (c) Extent to which each of the parents has taken, or failed to take, the opportunity to participate in making decisions about major long-term issues in relation to the child; spend time with the child; and communicate with the child. (ca) Extent to which each of the parents has fulfilled, or failed to fulfil, the parent’s obligations to maintain the child. (d) Likely effects of any changes in the child’s circumstances including the likely effect on the child of any separation from either of his or her parents or any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living (e) The practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis. (f) The capacity of each of the child’s parents and any other person to provide for the needs of the child, including emotional and intellectual needs. (g) The maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child’s parents, and any other characteristics of the child that the court thinks are relevant. (h) If the child is an Aboriginal child or a Torres Strait Islander child, the child’s right to enjoy his or her culture; and the likely impact any proposed parenting order under this Part will have on that right. (i) The attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child’s parents. (j) Any family violence involving the child or a member of the child’s family. (k) Any relevant inferences that can be drawn from a family violence order, if it applies (l) Whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child. (m) Any other fact or circumstance that the court thinks is relevant. The Court must consider all of the relevant s 60CC matters as well as the affidavit evidence of the parties and their submissions when making a decision on the school the child should attend. Need help? 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Independent Children’s Lawyer (ICL)So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter.
What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of the child or children remain paramount. They are typically appointed in serious family law matters where allegations such as family violence, child abuse, child neglect, a high level of parental conflict or alienation has been raised. The Court has the power to appoint an ICL under section 68L of the Family Law Act 1975. ICL’s are generally funded by Legal Aid, but in some circumstances, parents may be required to financially contribute to the cost of an ICL if they have the income and financial capacity to do so. So what exactly does an Independent Children’s Lawyer ICL do? They gather information, coordinate reports, attend mediation and make recommendations to the Court as to what parenting arrangements would be in the best interests of the child or children involved in the litigation. On a practical level, this means they issue subpoenas, make arrangements for family reports and/or psychiatric assessments, consider any expert evidence, and attend any family dispute resolution conferences to ensure the children’s interests are protected and advanced as well as advocating for the children at a final hearing. ICL’s are usually highly experienced and well-respected family law practitioners. Given their role is to advocate on behalf of children who do not otherwise have a voice in family law proceedings, their views are regarded seriously by the Court and the Court is heavily persuaded by the opinions expressed by the ICL. If an ICL has been appointed in your Court proceedings, contact the Brisbane Family lawyer team at James Noble Law today for a free no-obligation 20-minute consultation to discuss your particular situation and the role of an ICL further. To schedule an appointment with one of our Qualified and experienced and Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
For more information, please visit our website: Independent Children’s Lawyer Child Support Act and Family Law
Child Support Act, It is commonly recognized that both parents have a financial obligation to contribute towards the cost of raising their child. The national Child Support Agency under Services Australia is responsible for delivering the child support scheme in addition to regulating, collecting, and administering child support services. They are your first point of call for any child support queries you may have. In Australia, the relevant child support legislation is encapsulated in the following Acts:
This depends on a number of variables, such as:
So what does child support actually cover? Child support is to cover expenses related to raising the child such as:
There are avenues to review and appeal a decision as to child support as made by the Child Support Agency. Firstly, an internal review is conducted. If the dispute is not then resolved, the matter can progress to the Administrative Appeals Tribunal (also known as the AAT) to make a final decision. Parents can also chose to enter into a child support agreement being a private document that sets out how their child support is to be paid, how much is to be paid and what it is to cover. There are 2 options for such child support agreements, either a Limited Child Support Agreement or a Binding Child Support Agreement. Parents will commonly enter into these documents to cover additional expenses associated with raising a child such as:
Need Legal Help? If you need help, please contact the Brisbane Family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
For more information, please visit our website: Child Support Act Changing a child’s surname post-separation is a common occurrence in family law. The process is relatively straightforward if both parents agree. However, it becomes complicated when one parent wishes to change a child’s surname post-separation and the other parent opposes such change. In parenting matters, the Court must apply a presumption that it is in the best interests of the child for the parents to have equal shared parental responsibility in relation to major long-term issues concerning the child. Under section 4 of the Family Law Act 1975(Cth), changing a child’s name is considered a major long-term issue in relation to the care, welfare, and development of the child. This means that parents must consult with each other before making a decision to change a child’s name. Sole parental responsibility The presumption of equal shared parental responsibility does not apply if a parent of the child has engaged in abuse of the child or family violence. The Family Court decision of Reagan & Orton [2016] considered whether a mother could hyphenate the child’s surname without the father’s consent in circumstances where she had sole parental responsibility. Despite not being required under the existing Orders to consult with the father in relation to changing the child’s name, the Births, Deaths and Marriages Registration Act 2003 (Qld) requires both parents to apply to change a child’s name unless:
Reagan & Orton [2016] Fam CA 330 The Court identified a number of relevant factors in determining whether a change to a child’s surname is in the child’s best interests, including:
For more information, please visit the main article source - Can You Change Your Child’s Surname If you are considering changing your child’s name in QLD (Queensland), then contact the team at James Noble Law today for a free, no-obligation 20-minute consultation today to schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
Critical Incident List
The Federal Circuit Court and Family Court of Australia implemented a new Court process referred to as the ‘Critical Incident List’ as of Monday 6 June 2022 which was rolled out in all states and territories excluding Western Australia. The Critical Incident List aims to expedite the Court process for vulnerable families that need to make urgent arrangements for children where no parent is available due to circumstances such as death (including homicide or suicide), critical injury or incarceration (due to family violence). The Critical Incident List will be managed nationally by Justice Jacoba Brasch and will ensure eligible families are prioritized within the Court system to receive urgent Court Orders regarding living arrangements and parental responsibility in circumstances where the family is experiencing some crisis. The Court will offer support and certainty to extended family members who find themselves in difficult situations where they are caring for another person’s child during an emergency situation. To be eligible for inclusion in the Critical Incident List, the Applicant must establish:
If the Application is denied inclusion in the Critical Incident List the matter will be referred to a Registrar for duty listing or a directions hearing or a Judge for hearing in the normal procedure. If your family is experiencing a crisis and you wish to discuss whether your parenting matter may be eligible for inclusion on the Critical Incident Lists contact the Brisbane Family lawyers team at James Noble Law today for a free no-obligation 20-minute consultation today. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
For more information, please visit our website: Critical Incident List Law of “Sperm donation Brisbane“, Parental Responsibilities and Legislation
Although Sperm donation Brisbane have historically been subject to anonymity in Australia, recent legislative reform and case law suggest a definitive movement towards inclusion within Family Law and Parental Responsibility. In all states and territories of Australia, donating sperm anonymously is now banned through legislation or mandatory guidelines. Whilst cases involving sperm donors are quite infrequent, the importance to both the Child Support Assessment Act and the Family Law Act is significant. Does a sperm donor have parental rights or liabilities in Australia? Section 13 and 18 of the Status of Children Act 1978 (Qld) provides sperm donors have no rights or liabilities in respect to the use of the semen, and, the child born as a result of artificial insemination. However, contentions have arisen as a result of the relationship this legislation has with the Family Law Act 1975 (Cth) (FLA). Additionally, whether a donor will be found to be a ‘liable parent’ under the Child Support (Assessment) Act 1989 (Cth) will be dependent upon case law. The principles of parental responsibility under the FLA state that a child has the right to know and be cared for by both parents. Accordingly, if a sperm donor is considered to be a “parent”, the responsibilities of both providing financial support and having a meaningful relationship will be imposed on persons donating sperm. Sperm donation Brisbane Law: Is a sperm donor a legal parent in Australia? As there is a clear inconsistency between State and Commonwealth Law, section 109 of the Commonwealth Constitution 1990 (Cth) provides the Commonwealth Law will take precedence. Section 5 of the Child Support (Assessment) Act 1989 provides a person will only be liable to pay an assessment if found to be a “parent” under the relevant definition. As the relevant definition refers to the meaning of parent under section 60H(3) of the FLA, a sperm donor will not be a “parent” in the event a specific State law expressly confers this status upon a sperm donor. Is a sperm donor considered as a father or legal parent ?Consequently, as no State laws exist in Queensland, sperm donors will not be considered “parents” for the purpose of paying child support. This conclusion was affirmed by the Court in B v J (1996) and W v G (1996). That being said, it is important to note that an application for child maintenance may still be brought against the sperm donor, as these assessments are not concerned with “parents”, rather “respondents”. Is a sperm donor liable for child support? Do I have to pay child support if I donate sperm? Although a sperm donor may not be liable to pay child support, the person may still be entitled to be apart of the child’s life, as the Court is likely to emphasize the best interests of the child over any other consideration. Accordingly, in the case of Patrick (2003) and Mark (2004), the Court found the biological father (sperm donor) was entitled to spend time with the child, despite the Mother’s wish for this arrangement to not occur. In conclusion, the legal ramifications of donating sperm have become significantly more relevant in modern society. If you have concerns regarding your rights to donating sperm or artificial insemination, seek legal advice at James Noble Law today. For more information, please visit the main article source: Sperm Donation Australia |
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