• Parenting Orders – Considerations of the Court

    In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...

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  • Mistakes made in Child Custody Proceedings – Watch Your Behavior

    INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...

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  • Making your AVO work for you

    Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...

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  • Women and Family Law

    This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...

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  • Share the Care Parenting Plan – Collaborative Parenting Apart

    Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...

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  • An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement

    Wallace & Stelzer and Anor [2013] FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...

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KOGARAH OFFICE
Suite 309 – 310, Level 3
13A Montgomery Street
KOGARAH NSW 2217


SYDNEY CITY OFFICE
Ground Floor
54 Martin Place
SYDNEY NSW 2000


Email: solicitors@gmhlegal.com
Phone: (02) 9587 0458
Facsimile: (02) 9587 2936


Child Custody & Parenting Arrangements


When a marriage or de facto relationship breaks down, the first priority of all loving and responsible parents should be to work amicably towards securing the most desirable living arrangement possible for their beloved children. Of course, the equitable division of assets and financial interests is a prime concern for everyone concerned, but the welfare of your children is the primary concern which must guide us and you, our valued client, through the emotionally and physically trying process of divorce and separation.

We take a holistic approach to all our family law disputes. We will give you compassionate but realistic advice about your options and prospects, whilst doing all that is possible to preserve your relationship with your children. It is our firm belief that both parents should, wherever possible, continue to have a meaningful continuing relationship with their children, though we realize that this is not possible in all circumstances.

Child Custody

The law’s main concern is to ensure that a child’s best interests are met and having both parents involved meaningfully in their lives. A court considers many factors when deciding what types of arrangements are in a child’s best interests such as:

  • The protection from physical or psychological harm (given the highest priority).
  • Whether the parents should have ‘equal shared parental responsibility’ for long term decisions about a child.
  • Each parent’s attitude to their parenting responsibilities such as paying child support or being present during their time with the child.

The law encourages parents and other people interested in a child’s welfare to agree on arrangements, including where they’ll live, how they’ll be financially supported and what their relationship with family members will be.

Legally, all issues relating to children are governed by the Family Law Act 1975 (Cth) and dealt through the Family Court, the Federal Circuit Court or the Local Court. These courts will make parenting orders stating the responsibility of parents and other carers on issues such as child custody, child support and other important decisions including schooling or medical treatment.

Section 65 of the Family Law Act 1975 is the starting point for any dispute involving child custody and parenting arrangements.

Court Process

Generally applications for Court Orders in relation to arrangements for a child will be dealt with in two separate hearings, an interim hearing (one or two months after your Court application was filed) and a final hearing (approximately one year later).

Interim Child Custody Hearing

At the interim hearing, the Court will rely upon sworn statements (Affidavits) from each of the parties to determine whether the interim orders sought should be made or any other orders necessary to progress the matter to the final hearing.

In addition to making orders to determine who the child should live with and spend time with on a temporary basis, the Court may also make orders for a family report to be prepared and whether an Independent Children’s Lawyer (ICL) should be appointed.

Interim hearing are not designed to make final decision regarding child custody and other parenting agreements, instead the Court will decide an arrangement in the child’s best interest until the final hearing.

Final Hearing Process

At final hearings all parties or persons giving an Affidavit will need to give evidence and be present for cross examination. This is where the evidence is tested and each party attempts to put forward their own case to the judge. The judge will then consider the evidence and give his or her decision. This will then be converted into typed orders (child custody, parenting arrangements etc.) and sent out to each party involved within few weeks.

The orders are valid until each the child’s 18th birthday, unless the Court decides the make further orders before that.

Mediation

Before starting proceedings in the Family Court or the Federal Circuit Court, parties are required to attend mediation and make a genuine attempt to reach an agreement in relation to the arrangements for the child.

The mediation needs to occur with a qualified family dispute practitioner.

If one party refuses to attend the mediation or does not make a genuine attempt to reach an agreement, then that party will not be issues with a Section 60i Certification of the Family Law Act 1975

If domestic violence is present to such an extent as to impede a parent’s ability to negotiate, thee mediation will determine whether the matter is appropriate for mediation, if not he/she will issue a section 60 I Certificate to both parties.

GMH Legal Lawyers is determined to assist you every step of the way: from dispute resolution outside of Court until the formalization of agreements before the judge if needed.

Our committed team of family lawyers can assist you in reaching a mutually acceptable agreement with your partner about parenting issues and child custody. In most cases, we can assist couples in securing an outcome that is agreeable to both parents and suits the unique individual needs of your children. If a stalemate has been reached, we can further assist by conducting a respectful mediation session aimed at securing a mutually agreeable child custody arrangement, and failing this, we can seek consent orders on your behalf.

Unfortunately not all cases can be resolved through mediation. In some cases, court proceedings will be necessary. Our expert family lawyers have a deep understanding of the provisions of the Family Law Act 1975 and have a history of securing premium results and outcomes in the Family Court and Federal Magistrates Court.

Please refer to the Family Court’s ‘Family Dispute Resolution’ section.

Parenting Orders

A parenting order is a set of legally binding orders made by a Court about parenting arrangements for a child:

Parenting orders may deal with one or more of the following:

  • Who the child live with
  • How much time the child will spend with each parent and with other people such as grandparents
  • The allocation of parental responsibility
  • How the child will communicate with a parent they do not live with, or other people
  • Any other aspect of the care, welfare or development of the child.

If the parties cannot come to agreement regarding the parenting arrangements for the child outside of Court, then an application for parenting orders must be submitted to either the Family Court of the Federal Circuit Court.

The decision is will be made by a Judge through a court hearing based on what is in the best interest of the child. If the parenting order provides that two or more people have equal share responsibility, then any decision about a major long-term issue in relation to a child must be made jointly.

The status of a parenting order may be altered in the future if a parenting plan is developed by both parties in the future.

Please see the Family Court’s ‘Compliance With Parenting Orders’ section.

Child Support

Parents are responsible for the financial support (maintenance) of their child. That responsibility is not changed by:

  • Separation and divorce
  • Where the children lice or the amount of time spent with a parent
  • The remarriage of one or both parents

According to the Child Support (Assessment) Act, the primary carer of the child can make a claim for child support from the other parent. The Department of Human Services (formally known as the Child Support agency) is in charge of assisting the parties with making child support arrangements, including the amount of support that should be provided. The decision by the Department of Human Services will be based on each party’s income, the number of children involved in the dispute and their living arrangements.

If one party is not satisfied by the child support assessment made by the Department of Human Services, an application can be made for an independent review of the assessment by a Senior Case Officer (SCO) through a hearing.

In the event both parties agree about the child support arrangements, they can enter into a private child support agreement. In such circumstances, parties do not need to apply to the Department of Human Services or the Federal Circuit Court but instead are encouraged to incorporate the agreement in a parenting plan.

GMH Legal Lawyers is experienced in drawing up private child support agreements and can assist the parties from the early stage of negotiations to the formalization of a private child support arrangements.

Please refer to the Family Court’s ‘Child Support’ section.

What Are The Best Interests Of The Child?

When a Court is making a parenting order, section 60CA of the Family Law Act 1975 (Cth) provides that the Court must have regard to the best interests of the child.

In deciding what is in the best interest of a child, the Act requires that the Court takes into account two tiers consideration primary considerations and additional considerations.

Primary considerations:

  • The benefits to children of meaningful relationships with both parents
  • The need to protect children from physical or psychological harm

Ultimately when the Court is faced with overlapping or competing proposals from parents (e.g. there has been family violence, nonetheless, the child should have meaningful relationship with both parents.), the Court will always take into account what is in the best interests of the children when making its decision.

Additional considerations:

  • The child’s view and factors that might affect those views (e.g. child’s maturity and level of understanding)
  • The child’s relationship with each parent and other relatives
  • The willingness and ability of each parent to facilitate and encourage a close continuing relationship between the child and the other parent
  • The likely effect on the child of changed circumstances
  • The practical difficulty and expense of a child spending time with and communicating with a parent
  • Each parent’s ability to provide for a child’s needs
  • The maturity, sex, lifestyle and background of the child and either of the child’s parents
  • The right of an Aboriginal and Torres Strait Islander child to enjoy his/her culture and the impact a proposed parenting order may have on that right
  • The attitude of each parent to the child and to the responsibilities of parenthood
  • Any family violence involving the child or a member of the child’s family
  • Whether it would be preferable to make an order that would be least likely to lead to further court applications and hearings in relation to the child
  • Any other fact or circumstances that the Court think is relevant

Please see the Family Court’s ‘Best interests of the child’ section.

Parenting Arrangements Orders

If the Court comes to the view that equal shared time is not in the best interest of the child or not practical in the circumstances, it will look into making an order for significant and substantial time (weekends, holidays, special occasions).

Shared responsibility

Shared parental responsibility is where both parents have the ability to make significant and major long term decisions for the child. These decision usually include the child’s school, medical issues, religion etc.

In the absence of parenting orders, parties are deemed to have equal shared parental responsibility and therefore have a duty to consult with each other in relation to these issues and attempt to jointly reach a decision that is in the best interests of the children.

Exceptions such child abuse and family violence will override the principle of equal shared responsibility.

Age-appropriate custody arrangements

Research on the bonds newborn babies form with a primary carer (Attachment theory) has demonstrated that orders for equal shared parental responsibility are not always appropriate in cases involving babies. In such scenarios, Courts tend to prefer age appropriate orders that gradually increase in time and which are in the best interests of the young child.

Age development theory suggests that:

  • Babies under the age of two have a primary carer and should spend frequent short periods of time with the other parent;
  • At about age two, children can tolerate up to only one night away at a time from their primary carer two times a week from the primary carer;
  • At about age five, the frequency can increase to equal time, 3-4 nights on and 3-4 nights off with parents; and
  • At about age ten, the time apart from the primary carer can increase to week(s) about arrangements.

Please see the Family Court’s ‘Compliance With Parenting Orders’ section.

Moving With The Child

Moving with the child to another town, state or country is known as ‘relocation’. If moving is going to limit the time the child spends with a parent or another significant person in his/her live, a Court may not give permission.

If one party wishes to relocate and cannot come to an agreement with the other party, an application for relocation must be filed in Court.

If you want to relocate with your child, an application can be made to the Court asking the Court’s permission to make orders that allow one party to relocate with the child. The application should set out the reasons for the relocation, how the child’s best interest is taken into account and also include a proposal for the other party to spend time with the child.

If one party moves without a Court order or without the consent of the other party, a Court may require that party to return and stop the relocation of the child until it has considered the case.

As will all matters about the care and welfare of children, the Court will have regard to the best interests of the child before reaching its decision.

Content of relocation application

The Court application for relocation of the child should include the following information:

  • Reasons for the proposed relocation
  • Evidence that the child’s best interests are taken into account in the decision to relocate
  • Evidence of proposed schooling arrangements
  • Evidence of proposed medical arrangements
  • Evidence of proposed arrangement with the other party to ensure that a meaningful relationship with the child will be maintained
  • View of the child (depending on his age and maturity level)
  • Costs of travel, travel arrangements
  • Evidence that the travelling proposals will not be disruptive to the child
  • Communications and technological applications – eg. Skype and requisite equipment.

When dealing with relocation application, in addition to looking at the primary considerations and relevant additional consideration, Courts will look at the practicality of the proposed orders before finalizing them.

Please refer to the Family Court’s ‘Relocation and travel’ and the ‘Children and international travel after family separation’ sections.

Alternatives To Going To Court

Mandatory Dispute Resolution

The Family Law Act 1975 requires the parties to obtain a Certificate from a registered family dispute resolution practitioner before an application for an order in relation to a child can be filed in Court. The objective is to encourage parents to develop cooperative parenting solutions without going to Court.

Attendance during the mediation is compulsory and, upon completion, the Certificate from the registered family dispute resolution practitioner must be attached to the Court application.

If mediation is not successful or one party refuses to attend, a mediator will issue a section 60I certificate.

If the parties reach an agreement at mediation, they can enter into a parenting plans or alternatively, apply for consent orders.

If an agreement is not reached at mediation, the parties should exchange written notice of their intentions to file a Court application.

A party can seek an exemption from providing a Certificate in the following circumstances:

  • The matter is urgent
  • The Court is satisfied that there are reasonable ground to believe that:
    • There has been child abuse and/or family violence by a party
    • There is a risk of child abuse if there were to be a delay in applying to the Court
    • Where a party is unable to participate effectively in a family dispute resolution

To apply for an exception, parties must filed a sworn statement (Affidavit) together with the initiating application. The Affidavit must outline the reasons why a Certificate was not attached to the Court application.

Based on the content of the Affidavit, a Court Officer will determine whether or not an exception applies.

Disclosure and exchange of correspondence

In parenting matters the duty of disclosure requires all parties to provide the Court and each other party all information relevant to an issue in the case. This includes medical reports, school reports, financial statements from the parties involved, letters and other relevant information.

Parties must continue to provide information as circumstances change or more documents are created or come into their possession, power or control.

Who can apply for parenting orders?

Under the Family Law Act 1975, a party can apply for a parenting order for a child if they are the child’s parent, grandparent or any other person concerned with their welfare.The law recognizes that every family is different and people other than parents may play an important role in the children’s lives. If one party, who is not a parent to the child, wishes to apply for a parenting order, they may have a meeting with a family consultant to discuss their application.

Family consultants are child and family specialists who help and advise people in family law cases. They may interview the children, the people involved and write a family report to be presented before the Judge.

Parties in a de facto relationship, including same sex couples, where a child has been conceived by way of artificial insemination must refer to section 60H of the Family Law Act 1975.

The Family Law Act enables the parent who did not give birth to still be deemed to be a parent of the child, if they can demonstrate that they were in a de facto relationship at the time the child was conceived.

More parenting information

A- The impacts of conflicts on children

Research has shown that witnessing family conflicts can have a greater negative impact on children than their parents actually separating. It can create emotional damage and instability because of the child’s competing loyalties to each parent, ultimately leading to important instability in the child’s perception of his or her future.

In order to minimize the impact on their young family members, parents are encouraged to avoid engaging in any dispute in from their children and to ensure the children feel secure about their arrangements once the decision to separate has been taken.

For more information, please refer to the Family Court’s ‘Children and Separation’ section.

B- Children’s development milestones

Before making any orders, whether interim or final, Courts will always take into account the child’s developmental age. In addition, Courts will continuously update the content of these orders as the child grow over the years.

Spectrum of children’s development stages:

a) New-born babies:

  • Form a primary bond with one parent.
  • The other parent should spend quality time with the baby as frequently as possible for short periods of time (about one hour/day)
  • After a couple of months, the presence of the primary carer during those meetings will no longer be required.

b) Children at age 2

  • Can spend multiple hours away from their primary carer
  • Can tolerate spending nights away from the primary carer, one night at a time, multiple times a week but not in succession.

c) School-aged children:

  • Can tolerate a number of successive nights away from the primary carer. I
  • Can tolerate an equal time arrangement based around a cycle of three days on/four days off cycle with each parent.

d) Children at age 10

  • Can cope well with shared care of approximately “week about”(seven days on/seven days off).

e) Children at age 16

  • Can easily tolerate spending lengthy periods of time away from each of their parents
  • Tend to prefer either a week about arrangement or a “fortnightly about” arrangement.
  • Such arrangement give teenagers the opportunity to relax into their environment, have their own routine but still have time within that routine to interact with each parent while living with them.

GMH Legal Lawyers hopes that the information above will assist you in making the appropriate arrangements for the best interests of your children

Children’s wishes

There is a difference between asking a child to participate directly or to give evidence in relation to dispute of facts and allowing a child the opportunity to express his or her wishes on a particular matter.  While children are not given the opportunity to give evidence in Family Court proceedings, their wishes are expressed to the Court in three ways:

  • Comments made to other witnesses which are then brought into evidence through those other witnesses
  • By expressing those wishes to an independent children’s lawyer
  • By interviews with a court-appointed family reporter or consultant who provides a report to the court about those interviews and what is in the best interests of the children

A court will never be bound by the wishes of children but once they turn 12, Courts give more importance to the wishes of the children when making their decisions. When disputes involve the custody of minors aged 16 or over, Courts further attempt to make orders that are reflective of their wishes in order to facilitate their enforcement.

Family Consultants/ Reporters

Family consultants are psychologists and/or social workers who specialise in child and family issues after separation and divorce.

In most parenting matters the court will appoint a single expert to interview the children, each of the parents and any other significant people in the lives of the children (i.e. grandparents, step-parents).

Family consultants can:

  • Help the parties resolve their dispute
  • Assist and advice the Courts and give evidence about their case
  • Write and provide a report to the Courts about the family
  • Advise Courts about the services provided to families by governments, communities and other agencies

Occasionally, the judicial officer will require the family to continue seeing the family consultant after the parenting orders have been made in order to assist the family with adjusting and complying with the orders.

It is important to note that communication with a family consultant is not confidential and may be used in Court.

Do not hesitate to contact GMH Legal Solicitors if you you are scheduled to take part in an interview for a family report. Ahead of the conference with your family consultant, we will discuss with you in details the issues that are likely to be raised in the interview and the structure of the assessment to be include in the report.

Please refer to the Family Court’s ‘Family Dispute Resolution’ section.

How to formulate proposed parenting orders?

Ahead of formulating the arrangements for your children, please refer to the following three-stage
approach:

  • Determine in your calendar what the weekly or fortnightly routine for your children will be.
  • Research the pattern of school holidays for the next calendar year.
  • Consider the amount of annual available to you each year. If you are seeking one half of all school holidays, that is likely to be six to seven weeks each year.
  • Consider how to formulate the time you will spend with them over the Christmas school holidays as the first half of those holidays is likely to be disturbed each year by Christmas Day arrangements.
  • At GMH Legal Solicitors, we believe that seeking to have a block of time commencing on the first weekend of the new calendar year (the first weekend after 1 January) is more beneficial as your quality time with the child is less likely to be disturbed. That provides a clear block of time which is likely to be available each year.
  • Consider arrangements for the special days of the year including Christmas Day, Easter Sunday, Mother’s Day, Father’s Day, birthdays and special religious holidays.
  • If the travelling time is not significant, consider sharing Christmas Day and Easter Sunday between the parents.
  • If the travelling time is significant, alternate years in relation to those days.
  • In relation to birthdays, consider that in some years those days will fall on a weekend and in other years those days will fall on a school day.
  • Additional factors to take into account: transport to and from changeovers, schooling, medical decisions, extra-curricular activities, and overseas travel

At GMH Legal Lawyers we have years of experience in formulating parenting orders for our clients. Please do not hesitate to contact us if you wish to discuss the options available to your family.

Supervised contact time

Depending on the history and nature of the parties’ relationship, it is sometimes appropriate for one parent to spend supervised time with the children.

Supervised contact may be required because:

  • A child has not spent much time with the parent and need to be slowly re-introduced
  • The child is afraid of the parent or has asked for someone else to be there
  • There are fears about the child’s safety when they are in the other parent’s care

Supervision is perceived as a way of establishing a healthy relationship pattern between the child and the parent that can continue once the period of supervision has been completed. The presence of a third party during such visits can often assist with the building of that relationship.

Numerous options are available for parents wishing to spend supervised times with their children, including:

  • Attending contact centres;
  • Being supervised by private agencies (greater flexibility but quite expensive);
  • Being supervised by a trusted family member or friend; and
  • Being supervised by the other parents (rarely ordered by the court).

AT GMH Legal Solicitors we believe that in the event an allegation of abuse or neglect has been made against you, it is encouraged to consent to a limited period of supervision until that allegation has been disproven or the issue is resolved.

While we understand that it is unacceptable and often very difficult for you to have to go through supervision of your time with the child, we encourage you to continue attending such meetings in order to first maintain your relationship with the children but also to send a clear message to the Court that you are committed to having a continuous and stable relationship with the child.

For more information, please refer to the Government of Australia’s ‘Supervised changeovers and visits’ section.

Changeovers and transportation of children

Generally changeovers should take place at the end of activities involving the children where parents do not have to come into face-to-face contact. For this reason at GMH Legal Lawyers we recommend that changeovers take place at school or at the end of extra-curricular activities.

In relation to transport, at GMH Legal Solicitors we strongly recommend that children always be collected by the parent whose turn it is to have custody of the children on that day.

In the event that changeovers cannot be done without the parents coming into contact, we recommend that changeovers take place inside an agreed fast food outlet e.g. McDonalds. The reasons for this are as follows:

  • Parking always available
  • Free parking
  • Number of customers present inside
  • Well lit and presence of security cameras
  • Children tend to enjoy going to McDonald’s;
  • Children can play safely on location if required to wait
  • Parents can go inside if required to wait and keep an eye on the children
  • Parents can use different exists if necessary

For more information, please refer to the Government of Australia’s ‘Supervised changeovers and visits’ section.

Taking children overseas

As a general rule, the court will consider international travel as being a beneficial experience for children, provided such travel does not place the child in any danger such as the prospect of the parent not returning with the child to Australia.

Every time a parent wishes to take a child overseas, the written permission of the other parent must be obtained as early as possible.

The Court will make a decision based on the following factors:

  • The date, location and time of departure;
  • The date, time and location of arrival, and the contact at which the child will be staying each night while travelling;
  • The names of the other people who will be staying with the child for each night of the proposed travel;
  • The telephone numbers upon which the other parent and child can be contacted during travel;
  • The proposed dates and times of telephone or web cam contact between the child and the other parent while travelling;
  • The amount of time from school being missed by the child while travelling;
  • Any significant occasions being missed by the child while travelling;
  • What is to take place in the event of any changes to the itinerary of the child while travelling; and
  • The provisions for makeup time with the non-travelling parent when the child returns.

If all of the above is accurately provided, the Court usually makes orders for overseas travel by children.

Please refer to the Family Court’s ‘Relocation and travel’ and the ‘Children and international travel after family separation’ sections.

Urgent passport application

Where the Court does not perceive the risk of travel as being unacceptable, it will usually grant an Application of one parent to obtain a passport for a child.

The Court may order the delivery of a child’s or accompanying passport to the Court.

Please refer to the Family Court’s ‘Relocation and travel’section.

Changing the name of the child

Courts are usually favourable to applications to change the name of a young child (baby, newborn) as long as the name is not yet at common use with friends and/or at school. However once the child develops an awareness of his/her name and identity such applications become increasingly difficult.

Applications for hyphenated names are often resolved by consent, however when those matters are to be determined by the Court, the more common result is to have an additional middle name inserted prior to the child’s surname. That is not to say that Applications for hyphenated names have not been known to be successful; it is quite often only after filing a contested application with the Court that settlement of those matters comes to a head.

Applications in relation to changing a child’s name where that child has been raised and has assumed the identity of something other than its birth name, are usually successful.

The parties are required, as a matter of law, to serve upon the other parent. If the other parent does not agree to change the child’s name, then a request can be made to the Family Court to make a decision.

The Court may look at a range of relevant factors before making a decision about changing the name of a child, including:

  • The reasons why you want to change the name
  • The long and short term effects of a name change
  • Any embarrassment to the child in keeping their current name
  • Any confusion of identity for the child
  • The effect a name change might have on the person whose name the child had originally
  • The other parent’s wishes
  • The amount of time the other parent spends with the child
  • The degree of identification the child has with each parent
  • Whether there are advantages to changing the child’s name

Independent Children’s Lawyer (ICL)

The Court may Order that the children be represented by an independent children’s lawyer (“ICL”). The role of the ICL is to serve the best interests of the child by enabling him/her to be involved in the decision making about the proceedings based on his/her age, developmental level. Cognitive abilities, emotional states and views

The ICL is not bound by the wishes of the children and acts impartially and in a manner which is unfettered by considerations others than the best interest of the child. The ICL must be truly independent of the Court and to the parties of the proceedings.

Both parties generally share the cost of the ICL, which is payable at legal aid rates.

Please refer to the Family Court’s ‘Guidelines for Independent Children’s Lawyers’ section.

Airport Watch list

The airport watch list is a system which is designed to prevent the removal of children from Australia without the consent of both parents and/or the Court. It is run by the Australian Federal Police and is in effect at all international seaports and airports.

To place the name of a child on the list, one party is required to obtain a Court order or an application for immediate order to prevent the child from being taken from Australia. Such application will empower the AFP to prevent travel where it may constitute an offence.

Maintenance for young adults

Once a child reaches the age of 18, child support is no longer required to be paid. However, since the expenses of raising children do not necessarily stop on the day they reach adulthood, the Family Law Act 1975 provides for adult child maintenance to continue in circumstances where a child is continuing a course of education or suffers from a mental or physical disability.

Application for child support for adults must be made by parent or by the primary carer of the adult child to the other parent and it will be assessed by the Court based upon:

  • The capacity of the person bringing the claim to either support themselves or provide support to the child;
  • The financial needs of the child;
  • The capacity of the other parent to make any payment order.

Time frames for consent orders

In the event where the parties come to an agreement concerning their family dispute, an agreement can be formalized by the making of court orders or a financial agreement, within six to eight weeks after being notified of the terms of the agreement.

Enforcement and arrangements

Our role at GMH Legal Lawyers is to ensure that you obtain the parenting orders that you believe are suitable to your child and family situation. Nonetheless it is important to note that such orders are only as strong as your willingness to stand by them. We always advise our client to strictly abide by these Court orders, keeping in mind that they were drafted with their child’s best interests in mind.

Please do not hesitate to contact GMH Legal Lawyers if you wish to discuss the enforcement of your parenting orders and whether you should show some flexibility.

Timetables of disputed cases

If parties cannot come to a formal agreement and are heading toward litigation, they should note that the current period of delay to obtain an interim hearing date is approximately four to six weeks.

Therefore in total, from the time of filing an application for the court to litigate your dispute to the formalization of final parenting orders, the average delay by the court is currently 2-2½ years.

While requiring urgent attention can be expedited (child abuse, family violence etc.), they must be considered exceptional in nature.

At GMH Legal Lawyers, we will do our utmost to secure your prime interest in seeing that the well-being of your child is protected to the maximum degree possible. If you are currently in the process of separation, please contact one our expert family lawyers as soon as possible.

We take a holistic approach to all our family law disputes. We will give you compassionate but realistic advice about your options and prospects, whilst doing all that is possible to preserve your relationship with your children. It is our firm belief that both parents should, wherever possible, continue to have a meaningful continuing relationship with their children, though we realize that this is not possible in all circumstances.

Our committed team of family lawyers can assist you in reaching a mutually acceptable agreement with your partner about parenting issues and child custody. In most cases, we can assist couples in securing an outcome that is agreeable to both parents and suits the unique individual needs of your children. If a stalemate has been reached, we can further assist by conducting a respectful mediation session aimed at securing a mutually agreeable child custody arrangement, and failing this, we can seek consent orders on your behalf.

However, not all cases can be resolved through mediation. In some cases, court proceedings will be necessary. Our expert family lawyers have a deep understanding of the provisions of the Family Law Act 1975 and have a history of securing premium results and outcomes in the Family Court and Federal Magistrates Court.

At GMH Legal Lawyers, we will do our utmost to secure your prime interest in seeing that the well-being of your child is protected to the maximum degree possible. If you are currently in the process of separation, please contact one our expert family lawyers as soon as possible.

Call the experienced team at GMH Legal to assist you in your matter. A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.

Why Choose GMH Legal?

  • Over 60 years of combined legal experience
  • Outstanding track record with a winning approach
  • First appointment is always free
  • Meet our team now.


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