My Former Partner and I agree on parenting arrangements, what’s next?
If you and your former spouse agree on parenting arrangements, you can enter into a parenting plan or obtain Consent Orders approved by the Court.
A parenting plan is a written arrangement that is jointly agreed and sets out the parenting arrangements for children however the plan is not enforceable or legally binding. If you are seeking legally enforceable arrangements, you can make an application to the Court to have your Consent Orders approved.
My Former Partner and I Do Not agree on Parenting Arrangements, what’s next?
If an agreement cannot be reached in respect of parenting matters, you may apply to the court for parenting orders. However, in order for the court to consider your application, you must participate in family dispute resolution and make a genuine effort to resolve your issues. if at this mediation you are unable to come to an agreement, you will be issued with a Section 60I Certificate which will allow you to start an application in the court. The court may, in certain circumstances, exempt the requirement of dispute resolution if they are satisfied that the child has been abused, the application is urgent or there poses a risk of family violence.
What is the Court Process?
The best interest of the child is the paramount consideration to the court when determining orders in relation to a child. The court’s primary consideration for determining this is the benefit to the child of having a meaningful relationship with each parent and the need to protect the child from harm or being exposed to neglect, abuse or family violence. The court will consider additional considerations such as any views expressed by the child and the practical difficulty and expense of the child spending time with either parent.
Here at Carter O’Neill Legal, we understand how delicate and emotional parenting issues may be to a person following separation. We are highly experienced in family law children’s matters and we aim to resolve parenting matters as cost-effectively and quickly as possible as we understand these matters are not just affecting you, but your children as well. If you require assistance or more information with parenting matter, please phone our office today.
If your child or children live with you or spend most of their time with you, you are likely entitled to child support payments. The amount of child support payment owed to you will vary according to circumstances and is determined and monitored by the Child Support Agency.
Am I entitled to Child Support?
There is a child support calculator provided by the Child Support Agency which can assist in obtaining an estimate for your family assistance payments and child support. This is only an estimate though, you can find the estimate here: https://processing.csa.gov.au/estimator/About.aspx
Help! My partner isn’t paying child support, what can I do?
If your ex-spouse is not paying the child support as assessed, the Child Support Agency have the power to both investigate and enforce payment of the obligations. It is best you get in contact with the Child Support Agency if your partner is not paying their child support.
I have been assessed to pay child support but its not fair, what do I do?
If you have been assessed to pay child support you have the right to object the decision within 28 days of the date of the decision. An internal review by the Child Support Agency will take place within 60 days of your objection being filed and you are not required to pay during this period.
If you still do not agree with the internal review, you can then appeal the original dispute through the Administrative Appeals Tribunal or by pursuing he matter through the Courts. At Carter O’Neill Legal we can help you with these appeals and we can assist with any child support process and the legislation as we understand it is difficult to work through. Contact us today.
Domestic violence within families can take many forms including sexual, physical, emotional or psychological. Domestic violence has no barriers and it can affect anyone in life with any cultural background. Despite this, domestic violence is often neglected, overlook or excused.
In Australia, children have the right to a meaningful relationship with both parents and the right to be protected from harm. If there is evidence of family violence against a child or against a parent and a child has been exposed to such violence, this will be taken into account and the Courts are able to make protective Orders if it is in the best interest of the child that they do not spend time with a parent.
If domestic violence arise in a parenting matter, the Court departs from the legislative pathway and will consider if it is more appropriate for one parent to have sole parental responsibility rather than both parents sharing this responsibility.
If domestic violence arises in a property matter and has amounted in one parties contributions to the marriage being more difficulty, the court may make an adjustment in settlement in favour of the party who is the victim of domestic violence.
At Carter O’Neill Legal, we have a very empathetic and thoughtful approach to our clients as unfortunately we deal with people who have been subjected to domestic violence quite regularly and quite often, they are unaware to the extend of domestic violence they are suffering. Please phone us today to discuss.
Can I travel with my child overseas following separation?
The issue of travelling overseas with your child following a separation may arise especially in circumstances where the other parent does not consent and/or the other parent refuses to sign a passport application.
If court proceedings are on foot, it is illegal for either parent to travel overseas with the child without a court order or consent from another parent.
If there are no court proceedings or court orders, either parent is at liberty to travel with their child.
If you are intending to travel with your child, it is best you notify the other parent as soon as possible and provide them with as much notice as you can. You should provide copies of any travel documents to the other parent.
If the other parent is refusing to sign the passport application for your child, you will need to make an application to the Court or an application to the Department of Foreign Affairs and Trade. The Court will generally award the order if it is in the best interest of the child. Contact Carter O’Neill today if you have any questions in relation to international travel and speak to a lawyer who is experienced in family law.