In 1989, the Australia Government set up a system for assessment for child support. The Child Support (Assessment) Act 1989 (Cth) is the legislative framework for the child support system. In most cases, the amount of child support is now an administrative formula, rather than a judicial … Read more about How is child support determined in Australia?
After separation, there may be a point in time where a parent would like to relocate with a child to another town, state or country. In this article, we will look at the when and how child relocation can occur together what the courts consider when determining relocation matters. A parent may … Read more about Relocation with children after separation
Supporting your child or children after separation is an unknown playground for many parents. The challenges in guiding children and responding appropriately to changes in behaviour can be difficult. The “Parenting After Separation” program developed by Relationships Australia (also known as … Read more about Parenting after separation – focus on the kids
When it comes to divorce, Australia is now, since the implementation of the Family Law Act 1975 (Cth), a “no-fault” jurisdiction. This means that there is no requirement for one party to be “at fault” for the breakdown of the marriage, for a Divorce Order to be made by the Court. In other words, the … Read more about How to get a divorce in Australia
Financial Agreements (including prenups) signed on the “way to the church” run the risk of the financially weaker spouse arguing at a later date they were pressured into signing the financial agreement or else the wedding would not proceed. The agreement would then be subsequently declared … Read more about Can I Sign a Financial Agreement Shortly Before Getting Married?
Proceedings in the Family Court for children and parenting matters end when Final Orders are made (save for when proceedings are discontinued or dismissed). But are Final Orders ever really “final”? Final Orders can be made: by consent - when agreement is reached as to the parenting … Read more about Final Parenting Orders in Family Law proceedings
Under the Family Law Act 1975 (Cth), the Family Court of Australia and the Family Court of Western Australia can declare a marriage invalid. This is formally referred to as a decree of nullity. Commonly, people would refer to a marriage annulment. What is a Decree of Nullity? A decree of nullity … Read more about How do I get my marriage annulled in Australia?
In short, a child cannot decide where they wish to live. A child can influence a decision of a Court as to where they live however but they cannot be the ultimate decision maker. What will the court consider when deciding who the child should live with? There are many factors a Court will take … Read more about Can a child decide which parent they want to live with?