Children's Matters

Living arrangements and decision making

The Family Law Act 1975 sets out the responsibilities of all parents. The Court is concerned with what is in the best interests of the child. It is recognised that a child has the right to know and be cared for by both parents and to spend time with both parents and other significant people in their lives.

The Court can make orders about living arrangements and decision making such as what school the child will attend. It is usual for parents to share responsibility for major long term issues such as the child's education, religious and cultural upbringing, health, name and changes to living arrangements which make it significantly more difficult for the child to spend time with a parent.

When making an Order the Court will consider the conduct and behaviour of the parents. To assist the Court to make a decision a solicitor may be appointed for the children (called an independent children's lawyer) or a family report may be ordered (prepared by a welfare professional such as a social worker or psychologist).

Where parents agree about children’s matters the details of the agreement can be filed in the Court Registry and Consent Orders can be made by the Court. The Court encourages agreement between parents. There is no filing fee and no attendance in Court is required. Alternatively parents can make parenting plans which are not filed in Court. Parenting plans are not enforceable however they are a record of your agreement.

Change of Name

A child’s surname is a matter of parental responsibility. If there is a dispute the Court can make an order regarding what name the child will be known by. The Court considers what is in the best interests of the child.

The child’s parents, or in certain circumstances one parent can apply to change a child’s name in the Change of Name Register. If the child is over 12 years of age their consent is normally required. One parent may apply where they are the only parent shown on the birth certificate, the other parent is deceased or a Magistrates Court approves the change of name.

For more information follow the link to Births, Deaths and Marriages www.justice.qld.gov.au/bdm/home.htm

Contravention

Once the Court makes an Order a breach is a contravention of the Order. For more information on Contravention Applications go to the Federal Magistrates Court website at www.fmc.gov.au/pubs/html/contravention.html

Location and Recovery

If you do not know your child’s whereabouts an application can be made for a location order. When deciding whether to make this order the Court considers the child’s best interests. The Court also has the power to make a recovery order which requires the return of the child.

Relocation

If the other parent wishes to relocate with your child and this will affect the time you spend with the child an application can be made to stop the other parent relocating with the child. Conversely, if you wish to relocate and the other parent opposes your relocation you may apply to the court for an order that you be able to relocate. The best interest of the child is the paramount consideration.

Grandparents and Grandchildren

The Family Law Act 1975 recognises that children have the right to spend time with and communicate with people who are significant to their care, welfare and development which includes grandparents and other relatives. 'Spending time with' and 'communicating with' includes face to face contact, telephone contact and correspondence such as letters and emails.

This website provides information only and is not a substitute for legal advice.