Blog
Category: Children and Parenting
The Magellan List – Family Court Australia
The Family Court has multiple specialised ‘lists’ where family law matters are heard. The Magellan List is one of these specialised lists which offers a focused case management pathway for the cases which involve the most vulnerable children to ensure that they are dealt with as effectively and efficiently as possible.
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Preparing for successful child changeover arrangements
In family law parenting matters, the Court can make parenting orders about how your child moves between their time with one parent to the other. This process is called ‘changeover’. Court orders may include where changeover is to take place and at what times.
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How does mediation work in family law matters?
When the issues in question are as important as your children, wellbeing, or home, it is important that you are at the forefront of the decision-making process. Mediation is one of several alternative dispute resolution processes in family law which can provide a forum for both parties to negotiate their options and reach an agreed resolution.
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A guide to family law Consent Orders
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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How does the Family Law Watchlist work?
If you’re worried that your child may be taken overseas without your consent, and there are parenting orders or a court application on foot, your child can be placed on a list known as the Family Law Watchlist (formerly called the Airport Watchlist).
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What is the difference between child support and adult child maintenance?
We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
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Significant changes to the Family Law Act effective from May 2024
In October 2023, the Australian Parliament passed major changes to how parenting matters are dealt with in family law. These changes come into effect from May 2024. Importantly, they are NOT retrospective. Learn more about how these changes may impact parenting matters.
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Supervised time in family law parenting matters
Following separation, many parents are able to come to an agreement about arrangements for the care of their children. However, often there can be disputes and, in some circumstances, and under certain conditions, an arrangement for supervised time with the children may be an option.
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Pre-action procedures before filing in the Federal Court and Family Court of Australia
Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
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What does “best interests of the child” mean in family law?
Where parents cannot agree to parenting arrangements outside of Court, they can make an application to the Court to make a decision. The Court is only able to make orders that are in the “best interests of the children”.
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Can parenting orders be changed?
Parenting orders are orders of the court that provide for parenting arrangements, and as such, they are legally binding. Parenting orders can only be changed in very specific circumstances.
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National Contravention List to enforce Family Court Orders
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
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