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Arrangements for Children in Divorce Proceedings
When seeking a divorce, if there are children under the age of 18 involved, Section 55A of the Family Law Act 1975 (Cth) requires the parties to establish appropriate arrangements for the care, welfare, and development of those children.
Section 55A reflects a public policy objective to safeguard the children's best interests during the termination of their parents' marriage. The Full Court emphasized in Navarro & Jurado [2010] FamCAFC 210 that the declarations made under Section 55A(1) are an integral part of the divorce process and should not be treated as mere formalities.
Although the Act does not provide a specific definition for "care, welfare, and development," in Opperman & Opperman [1978] 20 ALR 685; FLC 90-432, the Full Court stated that the party seeking relief bears the burden of presenting sufficient evidence to convince the court that the arrangements made, both material and emotional, are in the children's best interests given the circumstances.
Section 55A(1)(b)(ii) allows a divorce to be granted even if the court is not satisfied that proper arrangements have been made for the children, provided there are circumstances warranting the divorce order to take effect.
In the case of In the Marriage of Maunder [1999] FamCA 1430; (1999) FLC 92-871, the court took a vigorous approach to this matter. The husband had applied for a divorce, while the wife filed applications for property settlement, spousal maintenance, and child maintenance. The wife opposed the divorce application, expressing concerns about the children's well-being and the husband's absence from Australia.
The divorce application was presented before Justice Frederico, who declared under Section 55A(1)(b)(ii) that proper arrangements had been made for the children and granted the divorce. However, the wife appealed, and the Full Court allowed the appeal, finding that it could not be satisfied that adequate arrangements had been made for the children. As the husband was outside the court's jurisdiction and not subject to its procedural orders, the court emphasized the positive obligation placed on it by Section 55A to protect the interests of children in divorcing families.
If the court is not satisfied that proper arrangements have been made for the children, it is prohibited from granting a decree of divorce. Section 55A mandates a comprehensive consideration of the welfare arrangements for children in divorce cases, reflecting a firm policy to prioritize their well-being.
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#legal advice#parenting#divorce lawyer#divorce attorney#family#bestlawyers#australianlawyers#children#marriage
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Construction projects are on the rise with every passing day. With labourers working hard on-site, there are many architects, construction planners and real estate agents at work, in different parts of the world, every day.
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Aussies lost more than $28.6 million to dating and romance scams in 2019, according to the ACCC. If it looks too good to be true, that might just be the case.
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Proposed Changes to 'best interests' Parenting - Children Factors "FLAB"
(Family Law Amendment Bill 2003)
It makes it clear in what circumstances a court can vary an existing parenting order.
It strengthens compliance with, and enforcement of, parenting orders by redrafting the provisions in Div 13A of Pt VII (compliance with parenting orders) to make them simpler and easier to apply, ensuring registrars can make compensatory time orders, and enhancing the power of the courts to protect parties, and their children, from the harmful effects of litigation through new case management provisions and a new power for courts to restrain the repeated filing of new applications.
It enhances the voices of children in family law proceedings by codifying a requirement for Independent Children's Lawyers (ICLs) to meet with and seek the views of children, removing the restriction on judicial discretion to appoint ICLs in proceedings under the Hague Convention, and establishing a regulatory making power for Government to make regulations that would provide standards and requirements to be met by family report writers who prepare family reports.
Simplifying enforcement provisions
The proposed Div 13A of the FLA is intended to be simpler and easier to apply than the current provisions which deal with enforcement of parenting orders.
The definition of “reasonable excuse” for contravening a parenting order in s 4(1) will be repealed and replaced with a new definition of “reasonable excuse for contravening a child related order”.
Other changes include giving registrars greater power to make parenting orders so that they can make orders that compensate for time lost with the child and new provisions for ordering make up time.
Codifying the rule in Rice & Asplund
The proposed s 65DAAA states that, in considering whether to allow a new application, consideration should be given as to whether there has been a change of circumstances that, in the opinion of the court, is significant and it is safe and in the best interests of the child for the order to be considered.
The rule in Rice & Asplund (1979) FLC ¶90-725 is generally not in the best interests of the child and constant re-litigation of parenting arrangements is not recommended.
Harmful proceedings
The new harmful proceedings provision seeks to implement recommendation 32 of the ALRC report, which referred to Marsden & Winch (2013) as an example of a gap in the courts’ powers to scrutinise the institution of further proceedings.
The power to prevent a party from instituting further proceedings is only exercisable where the court is satisfied that a person has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals.
Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560
#familylawyers#family law#parenting#legal advice#legal service#law firms near me#australianlawyers#flab#children
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Why Do Mothers Have Higher Custody Statistics Than Fathers? A study based on court files shows that in both court and non-court ordered arrangements, it is most common for children to spend the majority of their time with their mother and to see their father regularly. There are a number of reasons why mothers have higher custody statistics than fathers in Australia. One reason is that the child is often placed in the mother’s primary care whilst the father pays child support to the mother.
Typically, the mother is the child’s primary caregiver
Child custody is of critical importance to parents, and the mother vs father custody statistics in Australia can help inform your decisions.
To provide some context, the 2006 Australian Bureau of Statistics found that around 42% of children aged less than 18 years lived in single-parent households, and this number continues to grow each year.
The Australian Institute of Family Studies also found that 20% of children lived in blended families where they have step-brothers and sisters and a step-parent.
Key messages
Most children are faring well after separation, according to their parents.
Children in families affected by family violence are less likely to be doing as well as those in families not affected.
Children and young people want their views to be considered and taken seriously by parents and, where applicable, by family law professionals, especially when safety concerns are raised.
More info/help
Further reading
Child and parent-friendly summary. (2018). Children and young people in separated families: Family law system experiences and needs. Melbourne: Australian Institute of Family Studies.
Parenting arrangements after separation. (2019). Research summary. Melbourne: Australian Institute of Family Studies.
© Data from 2023 Australian Institute of Family Studies
Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560
#FamilyLaw#FamilyLawyers#AustralianLawyers#ChildCustody#ChildCare#Singlemother#BestLawyers#LegalAdvice#GoldmanLaw#family disputes#family#parenting
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Women must read "Planning tips to avoid child support."
This is a summary of information that has been provided by men and where we have access to research and other data. Goldman Law provide this as an essential requirement for both parents to be aware of so that they do not make mistakes and rely on the Government to collect child support for you.
Enter into binding child-support agreements prior to separation. Speak to Goldman Law now.
1. See Your Children More
The single best thing for avoiding child support is to spend time with your children. How much you pay basically depends on how many nights per fortnight the children spend with you. Child support payments are lower if you have at least 2 nights with the children per fortnight. The amount drops again if you have 5 nights and then keeps reducing as the number of nights increase. See the online calculator / estimator.
Click on the link below to continue reading: https://qr.ae/pK8BMG
Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560
#Goldman Law #FamilyLaw #LegalAdvice #AustralianLawyers #BestLawyers #TopLawFirm #Family #Law #Legal #ChildSupport #FamilyPlanning #FamilyLawInquiries
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How Good Must the System Be Now? At the request of the committee, the Australian Parliamentary Library compiled the following list of family law inquiries and report.
The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family v creation iolence and family law.
The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law.
Family law inquiry and report
1974 Senate Standing Committee on Constitutional and Legal Affairs, Law and administration of divorce and related matters, and the clauses of the Family Law Bill 1974, Final Report, October 1974.
1980 Joint Select Committee on the Family Law Act, Family law in Australia, August 1980. (volume 1 and volume 2)2
1986 P McDonald (ed), Settling up: Property and income distribution on divorce in Australia, Australian Institute of Family Studies, 1986.
Click on the link below to continue reading: https://shorturl.at/blEX3 Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560 #Goldman Law #FamilyLaw #LegalAdvice #AustralianLawyers #BestLawyers #TopLawFirm #Family #Law #Legal #FamilyLawReports #FamilyReports #FamilyLawInquiries
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Family Law Property Decision Does Not Need To Express Mention It Provides For A “Just And Equitable” Distribution
The case of Hearne v Hearne [2015] FamCAFC 178 (16 September 2015) was an appeal by the husband to the Full Court of the Family Court of Australia from a decision by Judge Harman of the Federal Circuit Court of Australia.
The matter involved the settlement of property after a husband and wife permanently separated. The Trial Judge’s decision was that the property is divided with 65% going to the wife and 35% going to the husband.
The ground of appeal by the husband considered here was that the Trial Judge had not stated that it was just and equitable to make an order altering property interests under section 79(2) of the Family Law Act 1975 (Cth) (“the Act”).
Click on the link below to continue reading:
Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560 #FamilyLaw #BestLawyers #GoldmanLaw #LegalAdvice #Law #Legal #AustralianLawyers #TopLawFirm #Family #ParentingLaw #Parenting #LawAdvice
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Contravention and Significant Circumstances Change - Reform to Rice v Asplund "FLAB 2023"
(Family Law Amendment Bill 2003)
It makes it clear in what circumstances a court can vary an existing parenting order.
It strengthens compliance with, and enforcement of, parenting orders by redrafting the provisions in Div 13A of Pt VII (compliance with parenting orders) to make them simpler and easier to apply, ensuring registrars can make compensatory time orders, and enhancing the power of the courts to protect parties, and their children, from the harmful effects of litigation through new case management provisions and a new power for courts to restrain the repeated filing of new applications.
It enhances the voices of children in family law proceedings by codifying a requirement for Independent Children's Lawyers (ICLs) to meet with and seek the views of children, removing the restriction on judicial discretion to appoint ICLs in proceedings under the Hague Convention, and establishing a regulatory making power for Government to make regulations that would provide standards and requirements to be met by family report writers who prepare family reports.
Simplifying enforcement provisions
The proposed Div 13A of the FLA is intended to be simpler and easier to apply than the current provisions which deal with enforcement of parenting orders.
The definition of “reasonable excuse” for contravening a parenting order in s 4(1) will be repealed and replaced with a new definition of “reasonable excuse for contravening a child related order”.
Other changes include giving registrars greater power to make parenting orders so that they can make orders that compensate for time lost with the child and new provisions for ordering make up time.
Codifying the rule in Rice & Asplund
The proposed s 65DAAA states that, in considering whether to allow a new application, consideration should be given as to whether there has been a change of circumstances that, in the opinion of the court, is significant and it is safe and in the best interests of the child for the order to be considered.
The rule in Rice & Asplund (1979) FLC ¶90-725 is generally not in the best interests of the child and constant re-litigation of parenting arrangements is not recommended.
Harmful proceedings
The new harmful proceedings provision seeks to implement recommendation 32 of the ALRC report, which referred to Marsden & Winch (2013) as an example of a gap in the courts’ powers to scrutinise the institution of further proceedings.
The power to prevent a party from instituting further proceedings is only exercisable where the court is satisfied that a person has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals.
Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560 #FamilyLaw #FamilyLawyers #FLAB #AmendmentBill #GoldmanLaw #AustralianLawyers #TopLawFirm #LegalAdvice #Law #Legal #Parenting #Family
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What are recent cases on family violence?
In Carra & Shultz [2012] FMCAfam 930 the father alleged that the mother, by withholding the child from him, was committing family violence by ‘preventing the family member from making or keeping connections with his or her family, friends or culture’. The court held that the withholding of time or communication with a child, by itself, does not constitute family violence. The essence of the definition of family violence is behaviour which ‘coerces or controls’ a family member ‘or causes [them] to be fearful’ (para 7).
Contact us for all of your legal requirements:
Website: goldman-lawyers.com Email: [email protected] Phone: +61 1300 343 560 #FamilyLaw #AustralianLawyers #Law #Case #TopLawFirms #BestLawyers #GoldmanLaw #LegalAdvice #Lawyers #FamilyViolence #RecentCase
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