Mcphee Lawyers

Tag Archives: Parenting

Parental responsibility: what does this mean?

by Parental responsibility can be the mythical creature to the uninitiated.  Many people (lawyers and laypersons) say the words, but unless you are in the know, it can be a confusing concept. Parental responsibility is a concept enshrined in the Family Law Act 1975.  It means all of the duties, powers, responsibilities and authority which by law parents have in relation
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Help! I want to change my child’s last name: Navigating the name change process in Queensland

by Changing a child’s last name is easy right?  Maybe, maybe not. While informally changing your child’s last name is as simple as writing that name on a piece of paper and/or declaring that the child will now be known as “Child LastNameX”, the process to legally change your child’s last name can be a little more complicated. In Queensland, if
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What is a Family Report?

by A Family Report is a report written by an independent expert to assist the Court in determining what parenting arrangements would best meet the interests of the child or children who are the subject of a parenting dispute. Report writers are usually experienced social workers or psychologists who are either in private practice or employed directly by the Court. When
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Changes to the Child Support (Assessment) Act 1989

by On 1 July 2018, amendments to the Child Support (Assessment) Act 1989 came into effect which may have a significant impact on current and future Binding Child Support Agreements. Why do the changes matter? On 9 May 2018, the Family Assistance and Child Support Legislation Amendment (Protecting Children) Bill 2018 was passed into law and amendments were made to the
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There's an App for that!

by Most of you will remember the ‘conscious uncoupling’ of Gwyneth Paltrow and Chris Martin in 2014. It appeared amicable, respectful and very child focused but that’s not always the case for separating parents. Relationship breakdowns can be hard. Parents are often consumed with their own grief and anger and struggle with the legal and emotional issues surrounding separation. It’s not
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Practice Management Hearings

by The delays experienced by some parents involved in parenting proceedings before the Federal Circuit Court and Family Court are leading to tragic outcomes for parents and children. For the Judiciary who have been appointed to make parenting Orders that are in the best interests of children, it is a sad irony that the family law system’s inability to resolve matters
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Parenting Plans – What are they? Considering entering into one?

by When separated parents agree on the future parenting arrangements for their children they do not need to go to Court for the agreement to be recognised. They have 2 options to reflect their agreement: enter a Parenting Plan; or enter into a Consent Order approved by a Court This blog focuses on Parenting Plans. The nature and requirements of a
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Separation on overseas holiday! What happens? Hague Child Abduction Convention

by Many children in Australia have parents that were born in a foreign country. It is common for these families to travel to the home country with the children for holidays or for the parents together with their children to move overseas for an extended stay. What happens if a separation occurs while the family is outside Australia and one parent
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To vaccinate or not – let's look at Arranzio & Moss [2015] Fam CA 544

by The issue of vaccinating children is a hot topic currently particularly given the impact it now has on Government benefits. The Family Court of Australia in the matter of Arranzio & Moss [2015] Fam CA 544 touched on the issue. This was a parenting dispute in relation to a 6 year old boy. The parties had diametrically opposed parenting approaches. 
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Parenting Arrangements over Christmas

by The closing date for Applications in the Family Court of Australia in relation to parenting matters, to be heard before the Christmas break, has now passed.  Applications may still be brought in the Federal Circuit Court of Australia, but unless there are circumstances of urgency it is unlikely that parenting applications will be listed for hearing until next year. If
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