How to prepare for Interim Hearings
Interim hearings are hearings by a Judge that deal with discreet issues before a final hearing. The orders made at an interim hearing can last a long time, so you…
Child Custody lawyers see it every day. Child custody is perhaps the most traumatic area of family lawyer, next to family or domestic violence. Many factors are considered in a child custody case.
Adoption
Adopting a child If you're considering adopting a child, you may wonder how this interplays with family law and your parenting rights. Each state and territory have their respective laws…
Hague Convention
Getting a child returned from overseas If you wish to have your child returned from overseas, you are in good stead if the country they have gone to is a…
Taking a child overseas
Can I take my child overseas? If your child is part of family law proceedings, then no, you can not take your child overseas without the other parent's consent. Following…
Surrogacy Lawyers Brisbane
A surrogacy lawyer will help potential surrogates and parents navigate the legal minefield of surrogacy law. Surrogacy and Family Law While many people are familiar with IVF as an option…
Adult Child Maintenance
What is the difference between adult child maintenance and child support? People commonly use the terms "child maintenance" and "child support" interchangeably in Australia. There is, however, a distinct difference…
Child Support Agreements
What is a child support agreement? A Child Support Agreement is an agreement between parents that sets agreed terms that they have reached in terms of child support. Child Support Agreements allow…
What to do when a parent takes a child without permission and won’t return them. Child Recovery Orders.
You have many options when a child isn't to your care. You have these options regardless of whether you have existing parenting orders or not. You can talk to the other parent, have someone else speak to them, or you can apply to the Court to have the child returned to you.
Grandparents Rights In Family Law
Generally, the Family Law Act encourages people to manage conflicts among themselves and to use legal processes as a matter of the last resort. Grandparent rights aren't necessarily are thing nor are parenting rights. The only rights in family law are the rights of children to have what is in their best interest. However, it is possible in some cases for grandparents to make applications to the Court for parenting arrangements.
Sole Parental Responsibility
Sole parental responsibility usually goes hand in hand; however, they are not the same thing. Sole parental responsibility means to be entirely responsible for the long-term decisions of the children. Sole parental responsibility is having exclusive control over what religion the child is, what medical treatment they accept, what school they will go to, what diet they will have. It means absolute 100% responsibility for all significant life long decisions until the children attain the age of eighteen (18) years.
What are the best apps for separated parents?
For harmonious and healthy co-parenting, separated or divorced couples need to communicate effectively for the sake of their children, before their relationship reaches a comfortable balance, they must figure out a way to get in touch with each other in a way that doesn't affect the calmness and stability of their children. The management of multiple daily schedules poses a challenge for parents who do not live together. At times, even the most polite and peaceful separated parents may find it hard to manage their time when it comes to staying updated about their children's needs and schedules.
Airport Watch list
A child in Australia is unable to depart Australia without having the consent of both parents or those who have parental responsibility. To prevent the unauthorised removal of a child from Australia, a parent can apply to the Court for an order called an airport watch list order.
Child Support Attorney
If you’re looking for a child support lawyer, Cudmore Legal can help you. What is child support? Child support is a payment that one parent can pay to another parent…
When can a child choose which parent they want to live with, in Australia?
There is no simple, straight answer that anyone can give you; and if someone has given you a flat age, they either do not understand the complexity of this issue or have decided not to share those complexities with you.
How to Prepare for Mediation
Mediation is a form of ADR (amicable/alternative dispute resolution) which, for parenting matters, is a compulsory step you must take before you can file proceedings (unless your matter is urgent)…
Mothers and Fathers rights to see their child
If you are not happy with the time you are spending with your children you may need to make a change to the current arrangements. Step 1: Speak with the…
Consent Order signing
Breach of family law orders
Family orders, either for parenting matters or property settlement, can be quite complex. What happens if you or your ex-partner fail to comply with the orders? If the orders are…
Divorce for men | men’s rights for divorced dads
It is a common sentiment that fathers have historically had a tough time gaining child custody. "Father’s custody rights" is a concept that wasn't widely discussed or considered in most…
How does domestic violence affect child custody?
It depends on numerous factors as to whether a mother or a father will get to spend time with a child if there is a history of domestic violence. These factors rely on one question, is it in the best interest of the child to allow custody or visitation to the parent who committed the act of domestic violence, if it is in the best interests of the child than that parent will be allowed custody when the Court sees fit.
How to save on legal costs in a family law matter
Please write down your story and provide it to your lawyer before meeting them. Writing down your account can save significant time and allows the lawyer to get to the…
Duty of disclosure in Family Law
All parties involved in a family law dispute are required to provide to each party and the Court all information which is relevant to an issue in the case. If your case involves financial issues, then in addition to general disclosure requirements, you are required to provide full and frank disclosure. If your case relates to parenting matters, then you are under an obligation to provide each party involved in the case, all documents that may be relevant.
Can your child’s particular health condition – impact your child custody arrangements?
In disputes over custody, sometimes the central issue in dispute can be a particular child's health concern. Often, the child's primary carer has been responsible for seeing specialists, dealing with the treatment for the health condition and administering medication. While one parent might have intimate knowledge of a particular state, the other parent might not be so knowledgeable.