Family Law Lawyers Brisbane

An independent children’s lawyer (ICL) will often be appointed by the court in matters involving children where one or more of the following factors are at play 1 : intractable (significant) dispute domestic violence criminal histories of parents mental health or medical issues of parents or children matters involving abuse of children. The ICL’s role is to ensure that the “best interests of the children” pursuant to s60cc of the Family Law Act continue to be the paramount principle behind all parenting decisions made.  They often will arrange for family reports or psychiatric reports to be undertaken by appropriately qualified professionals, as well as filing subpoenas to relevant agencies, to assist the court in determining the needs of the children and what is in their best interests. Hurt, grief, anger and lack of trust can sometimes cloud a separating party’s judgment and decision-making, and it is the ICL’s role to ensure that parents (and sometimes lawyers and the...

As Australia gets set to open its international borders, not all Australians will be permitted to leave. People with outstanding child support debts may not be able to leave despite the borders being open, in a recent announcement made by the government. Child support payments can be collected through Services Australia. A child support debt accrues when for some reason Services Australia has been unable to collect those payments, or the income of the paying parent has not properly been identified (for example, due to non-lodgement of a taxation return). There is a growing child support debt in Australia with the current balance being somewhere in the vicinity of $1.69 billion. Services Australia has several enforcement powers available to it to recover unpaid child support.  Currently, one way is by the registrar issuing a departure prohibition order (DPO) preventing a child support debtor from leaving Australia.  A child support debtor, if stopped at the airport, ...

Parenting relationships (generally) start off positive – working together, supporting each other and the children – with the expectation that it will continue that way. However, as difficult as it is, separation may occur. The hardest part of any separation can be the hurt, mistrust and outside factors that can influence how parents who once cared deeply for each other are able to maintain a workable and trusting co-parenting relationship post-separation. It is so easy to become disheartened, angry and grief-stricken and, rather than considering what is in the children’s best interests, a negative narrative starts. What is a negative narrative? It can be something as simple as believing that every comment, reaction, text message or input of the other parent is against you or the co-parenting relationship. It can be a parent always expecting the other parent to do wrong by them personally or by the children. It could be thinking a new partner is disapproving of or undermining, your ...

As of 17 January 2022, the Federal Circuit and Family Court of Australia (“FCFCOA”) have introduced special measures to protect both Court staff and Court users in light of the challenges faced by the nation relating to COVID-19. Effectively, it is the general consensus that no one is to attend Court unless the Court has specifically directed them to do so.  However, if you are directed to attend Court, there are very strict safety protocols, including confirmation of double-vaccination status that must be adhered to. Of course, in the case of exceptional circumstances, including urgency, the Court may direct matters to proceed in person, irrespective of vaccination status. This will be determined on a case by case basis. See a summary of the new protocols that have been enforced below. If you are you directed to attend Court Anyone attending Court must be double-vaccinated against COVID-19 unless exceptional circumstances apply. All Court users are required to provide writt...

The court has long held a view that mediation is an appropriate step towards resolution prior to a parenting matter coming before the court. Solicitors generally have held the same view. As of 1 September 2021, the court rules have changed to now require all appropriate steps to be taken prior to the court becoming involved in both parenting and financial matters and, in most situations, this is mandated mediation. Of course, family law is not a one size fits all profession, and in some matters, mediation doesn’t work.  This is usually only where one party is failing to fulfil disclosure requirements (primarily in property matters) or in parenting matters where there is urgency or risk to a child or parent which means the matter cannot wait for mediation to take place. Mediations can occur with the parties in different locations or by shuttle where they are not with the mediator at the same time. As such, even in matters where domestic violence has been involved, as long as e...

Two recent announcements made by the government in relation to COVID-19 will have major impacts for some separated families.  Firstly, children aged five to 11 are now eligible to receive a COVID-19 vaccination.  The return to school for Queensland students has also been pushed back to 7 February to avoid children returning to school during the predicted Omicron peak and to allow more time for children to get vaccinated. In the first part of this two-part series, we provided some tips and information on what to do if you and the other parent have differing views on whether or not to vaccinate your children.  If you missed it, you can read that article  here . In this update, we’ll discuss the impact on parenting arrangements that the delay in returning to school might have for your family in circumstances where a parenting agreement or Order has already been documented. With there being two additional weeks of school holiday time, some parents may be wishing for ...