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Showing posts from February, 2022

How does the independent children’s lawyer assist in a parenting matter?

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...

No pay, no fly!

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, ...