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.
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