As the holiday season approaches in Cairns, Australia, the festive spirit fills the air with excitement. For families navigating co-parenting arrangements, however, the joy of the season can come with its own set of challenges. Ensuring a smooth Christmas celebration for children in shared households requires careful planning and cooperation. Here are some tips to help co-parents in Cairns create a positive and memorable holiday experience for their children.
Table of Contents Start with a Clear Plan Co ParentingBegin the holiday season by initiating an open and honest conversation with your co-parent. Establish a clear plan that outlines the schedule for the Christmas celebration, including specific dates and times for the children to spend with each parent. This proactive approach can help alleviate potential conflicts and set the stage for a harmonious holiday experience. Embrace Flexibility Cairns, with its tropical climate and unique outdoor attractions, offers a variety of festive activities during the holiday season. Be flexible in your planning to accommodate unexpected events or changes in schedules. Prioritise the well-being of the children by remaining adaptable and understanding throughout the season. Coordinate Gift-Giving To avoid duplication and create a seamless gift-giving experience, coordinate with your co-parent. Discuss the gifts you plan to give to the children, ensuring that they align with the children’s preferences and needs. This collaborative effort can enhance the holiday experience for everyone involved. Celebrate Together When Possible Cairns boasts a range of holiday events, from beachside celebrations to local markets. Whenever possible, and assuming it is safe to do so, include both parents in these festivities to create shared memories for the children. Collaborate on planning and attend events together to maintain a sense of unity during the holiday season. Alternatively, if you do not feel comfortable spending time with your co-parent, you may opt to take pictures of the children partaking in Christmas activities and share them with your co-parent instead. Establish Clear Communication Channels Given the distance and potential challenges, establish clear communication channels with your co-parent. Utilise technology such as video calls, emails, or messaging apps to keep each other informed about the children’s activities and well-being. Effective communication is crucial, especially during the holiday season. Create New Traditions Co ParentingWhile maintaining existing traditions is important, consider creating new ones that cater to the unique dynamics of your co-parenting situation. Whether it is a special holiday meal, a local tradition, or a festive activity unique to Cairns, these new traditions can help build positive memories for the entire family. Prioritise Self-Care Co-parenting during the holidays can be emotionally demanding. Encourage both parents to prioritise self-care to manage stress and stay emotionally grounded. Taking breaks, seeking support from friends or family, and engaging in personal activities can contribute to a healthier co-parenting experience. Seek Professional Assistance if Needed If communication becomes challenging or conflicts arise, consider seeking the assistance of a professional mediator. Mediation can provide a neutral platform for both parents to express concerns and work towards mutually agreeable solutions. In Cairns, co-parenting during the holidays requires a collaborative and child-focused approach. By fostering open communication, flexibility, and a commitment to creating positive experiences, parents can ensure that their children enjoy a festive season filled with love, joy, and cherished memories, despite the unique challenges of shared custody. Need help? Contact the 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 Cairns. Explore our location on Google Maps: Accomplished Family Lawyers in Brisbane. Devoted Family Lawyers in Cairns. Expert Family Lawyers in Milton on Google Maps. For more information, please visit our website: Co Parenting
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Sleeping Arrangements – Parenting Matters
Sleeping Arrangements : separation with young childrenGoing through a separation with young children can be challenging. The child’s age can often be weaponised and used as a way to limit access for the parent that does not have primary care. The age group of 0-4 years is significant in the development of the child’s brain and learning. They form critical attachments and emotional bonds with their caregivers during this time. Children also develop the concept of object permanence at around 8 months old and therefore are able to recognise if a primary carer is not there. This can cause separation anxiety, specifically at vulnerable times such as night where there can be a tendency for them to feel uncomfortable due to a number of reasons including, they are overtired, and their ability to regulate and cope with stress is reduced. Since sleeping away from the primary home setting and away from the primary caretaker can be unsettling to an infant and a young kid, it is typically ‘preferred’ for younger children to do so. Optimal circumstances (but it is recognised that this is not always possible) for overnight time can include:
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In Part VII of the Family Law Act (1975), there are not specific distinctions for children without special or higher needs when determining what is in the best interests of said child. These are, however, important in determining Orders that will adhere to the child’s best interests.
According to studies, parents of children with developmental disabilities are twice as likely to divorce than parents of children without such conditions (Bak & Dunn, 2022). Children who require more medical, educational, or emotional care are referred to as having “special needs.” Developmental delay, mental health issues, ADHD, speech issues, autism, and physical, sensory, and intellectual disabilities are a few of the more prevalent examples of special needs. The difficulty for the Court in any of these cases seems to be in attentively identifying a child’s needs and then deciding whether to, when to, how to, and what to include in orders, especially given that many parents will provide the necessary support to their children without a Court order requiring them to do so. Children with special needs Some of the particular challenges facing families of children with special needs are:
The Court would also consider the care arrangements for the child, whether there are other children in the family, medical considerations, the capability of each parent to provide the level of care required, and the relationship of the parents. You may also like to know more about
To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. For more information, please visit our website: Parenting Orders A proposed new forum for resolving family law disputes relating to children. The parenting bill proposes to establish a new statutory authority to offer self-litigants (parents who do not have legal representation) an alternative to having their matters heard in the Family or Federal Circuit Courts (The Family Courts).
A vast majority of matters heard in the Family Courts involve unrepresented parties. They do not, in the main, have the knowledge or ability to fully understand the complexities of the Court process. The Courts do provide legal assistance to such parties and free advice can be provided on the law and conduct of their matters. The advice is provided by a “duty solicitor” stationed at the Court. There is no fee for self-litigants to obtain the assistance of the duty solicitor. However, without proper legal representation and because of the lack of knowledge of the law and knowledge of the presentation on of their case, self-litigants prolong the hearings of the matters before the Judge of the Court. The Judges endeavour to assist them as much as possible, which further lengthens the time required to hear their matters. In many instances, their applications are faulty or not relevant and their matters are adjourned to a further hearing date to enable the parties to properly prepare their material, which again lengthens the court process. The results, eventually achieved, may not be the most satisfactory outcome for such litigants and their children who are the subject of the proceedings. As stated in the second reading speech when the parenting Bill was presented to Parliament, ‘self-litigants often face considerable challenges due to the complexity of the rules that apply and the adversarial nature of the system. Many are struggling, not only with the loss and pain of a family separation but with coexisting challenges, including housing and financial and social stress and mental health issues.’ AN EXPOSE OF THE PROPOSED NEW PARENTING LEGISLATION: THE FAMILY LAW AMENDMENT (PARENTING MANAGEMENT HEARINGS) BILL 2017 Because of the importance of this legislation, it has been displayed in full detail on our website. So, what does this legislation propose to overcome these difficulties?Its aim is to give, as stated in the second reading speech, ‘the parents that would otherwise be in Court without legal representation the option to obtain a binding decision about parenting arrangements in a quick, fair, just, informal and economical way, all the time ensuring that decisions are made in the best interests of the children and that safety is prioritised’. These are lofty ambitions. Needless to say, these are the ambitions of the Family Courts. As stated in the second reading speech, the key feature of the Parenting Management Hearings parenting Bill model is its multi-disciplinary approach. The panel will be constituted by members with specialised skills and expertise in family law. Hold on a minute…Don’t we already have this? The Family CourtsThe Family Courts not only provide litigants with the benefit of legal representation by family lawyers with an extensive knowledge and depth of family law but can direct the parties to professional assistance with psychologists and mental health specialists when required The parties are required, and I emphasise this, to attend mediation, either with privately engaged mediators or mediation provided by skilled mediators at the many Family Relationships Centres established by the federal government for this purpose. There is no fee for such mediation at the centres. Many matters resolve by this process. Many parents are so entrenched in their conflict, so that no matter how much help was provided, they do not have the capacity or ability to overcome their conflict. In the Court process and prior to the matter being heard by a Judge, the parties and the children (if the children are of an age to be involved in such process) are referred to a Family Consultant. The Courts will not hear an application involving children unless the parties have attended on some form of mediation, being a mediation recognised by the Court. Will the lofty ambitions of the new legislation overcome these difficulties?We do not think so. The Judges of Family Courts will not hear an application in regard to children, unless there is some urgency involved, until the parties have attended mediation. If the parties have attended mediation and have obtained an appropriate certificate stating that the mediation has taken place or for some reason has not been able to take place, the Judge will then refer the matter to a Family Consultant who is attached to the Court. There is no fee for the parties attending on a Family Consultant. A Family Consultant is highly qualified to provide assistance and advice to the parties to resolve their matter. The Family Consultant will submit a very detailed report to the Court on the issues involved in the conflict, on the children’s wishes, and on the party’s attitudes and abilities to resolve their matter. After the parties have attended on the Family Consultant their matter will again come before the Judge of the Court on an adjourned hearing date. The Judge will have the benefit of the Family Consultant’s report when the matter comes before him. If the parties have ongoing issues which are not resolved, the Judge has power to appoint an Independent Children’s Lawyer (ICL) to represent the children in the Court process to present the best interests of the children. The ICL has the ability to obtain medical, school and other reports relating to the children and family and also can appoint a further qualified professional to again consult the parties and the children and provide a detailed Family Report to the Court. If the matter is not resolved, it will be again adjourned to a hearing before a Judge and a trial date will be appointed. The only flaw with this system is the extreme number of applications before the Courts and the inability of the Judges to deal with the number of applications, which means lengthy delays in having the matters resolved? Are there other means of dealing with children’s issues, maintaining the lofty ambitions as proposed to in the new legislation, which are also cost-effective and which would allow the matters to be determined in a timely manner? Yes, there is. Joint collaborative mediationThere is a detailed outline of this process on our website and I would encourage any parent with children’s issues to refer to this. What is a joint collaborative mediation?It is conducted by two highly trained professionals, a solicitor and psychologist, who have had extensive training in collaborative practice. They are a male-female combination to match the gender of the parties. This is initially a settling factor for the parties. The mediators are non- partisan. Their aim is to resolve the matter in a way which best achieves the best interests of the parties and the children involved with an endeavour to maintain a relationship between the parties which can best manage the children’s future needs. The meetings are normally conducted over a number of two hourly meetings. These meetings normally achieve an outcome for the parties. 80 to 90 percent of matters are normally resolved with the remaining number, if not fully resolved, having a foundation for their resolution. Again, the parties can be referred to psychological and other professionals to provide assistance when required. Meetings can be arranged speedily. Because the meetings are conducted over a very short timeframe, the cost for the parents is restricted. I strongly recommend you read the article on joint collaborative mediation on our website. What does the new legislation propose that is different to the processes outlined above?A panel will be appointed to hear such matters. The panel comprises:
Hold on. Does this not already apply? Of course, it does. However, ‘it is anticipated that the parties will be able to speak freely to the panel members.’ Wait on. Does this not already apply? The parties can speak freely to the Court and other professionals appointed or engaged. ‘The approach will allow panel members to investigate and focus on the information and issues most pertinent to the dispute, whilst ensuring that the process is procedurally fair and vulnerable members get the support they need.’ Hold on. Does this not already apply? Of course, it does. What’s new? It is the creation of another forum to hear the matters.‘Families will still be required to resolve their disputes themselves where possible and appropriately, to attend family dispute resolution services, before making an application to the panel.’ Hold on. Does this not already apply? Of course, it does. ‘The forum is designed with self-represented litigants in mind. Legal representation may be allowed with leave of the panel to allow the parties to effectively participate in the hearings. This does not preclude parties seeking legal advice.’ Hold on. What’s new? Nothing. Self-litigants in the Family Court are not legally represented. They are at liberty to seek legal advice if they wish to do so. So, what’s new with the proposed legislation? Virtually nothing. The Federal government has already spent $ 12.7 million to pilot a new forum. What will be the future expenses? Where will the panel sit for their hearings? What will be the cost of establishing and providing a venue for such hearings? The panel comprises a number of professional people, again an added expense. The principles set out in the legislation, in many respects, are the principles of the present family law. The legislation is virtually a duplication of the present Court process. So why can’t the Courts deal effectively with the present applications of self-litigants? The reasons are the sheer volume of applications presently before the Courts and the lack of Judges to hear such matters. Cost-Effective Legal SolutionWouldn’t it be more cost-effective in not spending extreme monies on establishing a new body to hear these applications of self-litigants, but to appoint more Judges and to review the present Court process in the Federal Circuit Court (a part of the Family Court) and allow the Federal Circuit Court Judges to have other professionals (suggested in the proposed legislation) such as psychologists, to sit with the Judge to provide assistance in other areas such as mental health and psychological issues. Under the proposed legislation, the forum is to be reviewed and evaluated over a period of time. The legislation also requires an independent review of the operation of the Family Law Act over a three-year period. Other government initiatives proposed are:
Hold on. Doesn’t the present Family Court system provide this? Yes, it does. Under the proposed legislation, the panel will be subject to judicial review in the Family Courts. This is already provided in the Family Court process. The panel may request a report from a Family Consultant. Hold on. Don’t the Family Courts already do this? The panel can appoint an Independent Children’s Lawyer. Hold on. Doesn’t this already exist? The forum will deal with and make a determination on the person or persons with whom the child is to live, the time a child is to spend with another person or persons and the allocation of parental responsibility for the child. Hold on. Aren’t these the functions of the Family Courts? The forum must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibilities, which may be rebutted in certain circumstances. Sometimes it is not appropriate for the child to spend equal time with a parent and the panel must consider substantial and significant time with a parent if it is in the child’s best interests and to make such a determination of time that is considered to be in the child’s best interest. This legislation reflects the same provisions of the Family Law Act regarding children. Even the principles of Rice & Asplund ( a family law decision ) are to apply when revisiting any applications which have previously been dealt with by the forum. Is it really necessary to establish another forum which will reflect legislation which already applies in the Family Courts, or would it be more cost effective to review the Family Court process, which I have suggested, to appoint other professionals to the Court to assist the Judges when making their decisions? We leave it to you to decide.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 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: Parenting Bill 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 As the COVID-19 pandemic continues to disrupt daily life in Australia, the added stress and uncertainty on the potential impacts on parenting arrangements for separated parents is ongoing during these unprecedented times. The short answer is that if you have Court Orders they are still legally binding during the pandemic. However, parents may need to adopt a degree of flexibility in some circumstances. For example, if a changeover is to occur at school but the school is closed, then the Court’s view is that the parents should work together to find a suitable alternate changeover location. This would therefore be a reasonable concession to make under the circumstances. Communication between separated parents will be paramount whilst the pandemic continues. Particularly in circumstances where states/territories close their borders. It may be reasonable to increase alternate methods of communication between the child and the other parent during that time, via increased Face Time and telephone calls. Alternatively, if parents are working from home whilst homeschooling their children, they may wish to discuss a temporary change to the care arrangements to share the homeschooling during such a period. If this occurs, a Parenting Plan may be appropriate to enter into for a limited period of time. Parents need to remember and be conscious of their children’s best interests remaining the paramount concern during COVID-19. They should be sensible and make reasonable concessions. As always, the Family Relationships Centre and Relationships Australia can offer free mediations to assist separated parents in navigating these unchartered waters. For more information or to discuss your situation, please contact the Brisbane Family Lawyers team at James Noble Law today for a free, no-obligation 20 minute consultation. Article Source: Parenting Plan What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child?
If you are concerned that your child may not be returned to your care after spending time with the other parent, there are some simple things you can do to try and avoid this situation, or, make it easier for yourself to recover the child in the event this does occur. Make Parenting Arrangements in Writing If you have not yet agreed to a parenting plan with the other parent, or are awaiting mediation, you should try and make arrangements in writing which specify the date, time, and where changeovers will occur. When putting this information in writing, not only does it become easier for the parties to follow, but it also provides concrete evidence in the event the other party does not comply with the original agreement. This also has an added bonus of demonstrating to the Court that you have intentions of co-operating with the other party in the parenting plan of the child. What Happens if the Child Is Withheld? If there is an agreed parenting arrangement, or if the other party simply withholds the child from your care, you can then proceed with a Recovery Order. The Court does not look favorably on parties who unilaterally change the child’s living arrangements without the prior consent of the other party. This is where written agreements and evidence can make this process easier. Depending on whether the recovery is urgent, the process of returning the child to your care can take between one or two weeks. Often times the mere filing of a Recovery Order is enough to make the other parent realize they are unnecessarily withholding the child and return them to your care. However, if the child continues to be withheld from you, the Court has the power to make an Order which provides authority to the police to recover your child from the other party. Importantly, cases that require police involvement are extremely rare and usually, the situation is defused before this occurs. If you require any advice regarding the above information or seeking to apply or defend a Recovery Order, call us today to speak with one of our accredited family law specialist or email your query to [email protected] Visit Main Article source - Bring Back Your Kids by Parenting plan or Agreement |
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