If you are wondering about how to gain custody of an autistic child, the first thing you need to consider is whether the Australian family court system treats parenting cases where there are children with Autism Spectrum Disorder (ASD) significantly different from those with children who don’t suffer from any developmental disabilities. Parenting orders in …
You cannot withhold a child from their father unless there are orders in place determining otherwise which suggest that the child’s contact with the father is not in the best interests of the child. These orders would be along the lines of family violence or protection orders. You would need to demonstrate to the courts …
In theory, the Family Law Act 1975 focuses upon the best interests of the child, but in reality, you may want to know, can one parent stop another from seeing their child? You can lose your kids if your ex-partner is determined to erase you from their lives. If you are going through an acrimonious divorce …
Can one parent stop another from seeing their child? Read More »
International Child Abduction Australia Currently, Australia has one of the highest rates of international child abductions in the world. From 2015 to 2016, Australian parents made 92 Hague Convention applications for the return of 137 abducted children. Out of those applications, only 63 were returned successfully. Former Family Court judge Nahum Mushin has declared that …
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You may have been asked by a court or informed by your lawyer that you need to attend a Child Dispute Conference. This post is designed to give you a brief overview of what happens before, during and after a Child Dispute Conference. Here are “5 Critical Points you Should Know about your Child Dispute …
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Does a child have a say in custody cases? Under Australian family law, children have a right to have a meaningful relationship with both their parents. This does not mean, however, that they necessarily get to have a say in child custody cases. This depends on several factors, including the child’s age, the judge …
Last updated 1 November 2020 Coronavirus and Family Court Orders People with child custody arrangements have questions about the effect of coronavirus and family court orders. We are receiving a myriad of questions that are starting to arise in the current situation: In the event that a changeover with children needs to take place at …
If the court is to find that there has been a history of family violence, is it relevant to current parenting proceedings? In Soulos & Sorbo [2019] the Full Court explored how to treat historical family violence in current parenting proceedings. The father appealed an order permitting the mother’s relocation order of the parties’ eight year …
The Full Court made a recent decision that a long distance relationship with a child and a father could still be a meaningful one. The judges said: A relationship may be less than optimal but nonetheless meaningful Meaningful relationship family law What is a meaningful relationship in family law? In Rochford & Fitzhugh [2019] …
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Step-parent adoption is the process by which a person becomes the legal adoptive parent of their spouse’s child. It is quite common for a person to re-partner or remarry after separating or divorcing from their previous spouse. When they have children from a prior relationship, the new partner, whether they are a de facto or …
