With whom will a child live after separation or divorce?

When ARE childREN able to decide for themselves about who they will live with?
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De facto and same - sex couples and family law

A de facto relationship is when 2 people are not married but have lived together as a couple on a genuine domestic basis. The same laws apply to same-sex couples as to heterosexual couples.

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Compliance with Parenting Orders

A parenting order is legally binding unlike a parenting plan

How is a parenting order contravened?

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Applying for a divorce in Australia

How do I apply for a divorce?

You need to meet certain criteria under the Family Law Act 1975

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How to apply for Consent Orders

While it it advisable to seek legal advice before applying to the courts to turn agreements reached in family dispute resolution into legally binding ones, it is not necessary.

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Recovery Orders

When a parenting order is made, each person affected by the order must comply with it. If a parenting order has been breached or not complied with, or if your child's or grandchild's whereabouts is unknown, you can apply for a recovery order.

What is a recovery order?

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Financial matters for separating non-married couples

 

Learn about Legislation dealing with financial matters for separating non-married couples

Until we have marriage equality in Australia, there are some differences in the way the courts deal with non - married and same sex couples to married couples when separating.

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Married and Separated Within Two Years

Have you been married less than two years and want to apply for divorce?

If you find yourself in this situation, there is certain criteria that the court expects you to meet before granting you a divorce.

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Parenting Plan

What is a parenting plan and is it a legally binding document?

A parenting plan are agreements reached in family dispute resolution by two parties who have separated or divorced, and while not legally binding can be turned into consent orders if required.

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Child Support

Child Support Scheme

Contact costs considered

In regards to child maintenace, the Child Support Agency needs to consider how many overnights the child/ren spend with each parent. But there are many other considerations.

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Australian Divorce Law

A short history of Australian Divorce Law since 1959

It was in 1975 that no fault divorce was introduced into Family Law. Before then the Martimonial Causes Act 1959 provided grounds for divorce which included adultery, cruely and insanity. all of which had to be proven.

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Family Law Court and Financial Settlements

What Family Law says is the best way to resolve your financial matters

Why not try family dispute resolution before seeing a lawyer, it will save you time and money and keep you out of the court system. 

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Family Law Court and it's primary considerations

The Courts Primary Considerations are those that are in the child/ren's best interests

Ensuring that the child is able to continue having a meaningful relationship with both parents is number one in importance (whenever possible).

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Consent Orders

 

How to Apply For Consent Orders

If you have a parenting plan through an accredited family dispute resolution practitioner, you can apply for consent orders.

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Custody of children

 

Understanding Family Law & Shared Parenting

Shared parenting and shared responsibility each has a specific meaning in Family Law and is based on the child/ren's best interest principle.

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What does Shared Parenting and Shared Responsibility mean?

 

Did you know that Shared Parenting & Shared Responsibility are two different things?

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Family Dispute Resolution and Confidentiality

Privacy is one of the core values of Family Dispute Resolution

Confidentiality is imperative in family dispute resolution as it allows all parties to speak openly and freely about their issues and concerns knowing that it cannot be used as evidence in court.

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Where to go for Free Legal Advice

 

You can get free legal advice even if you work

Remember that legal 'advice' is different from legal 'representation. The former is much cheaper.

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Are parenting arrangements made during Family Dispute Resolution legally binding?

3 things can happen with agreements reached in FDR

To leave them as informal arrangements or turn them into legally binding agreements?  It's your choice.

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What happens if agreements can’t be reached through Family Dispute Resolution (FDR)?

 

What are your options after family dispute resolution?

If you and your former partner attempt family dispute resolution and are unable to reach mutually agreeable outcomes in relation to children's matters the next step may be court. 

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Agreements reached in Family Dispute Resolution Sessions

 

Agreements, parenting plans or consent orders?

Agreements reached in mediation are not legally binding. Agreements that are signed by all parties in mediation can be turned into a legal document, if all parties agree. Find out more.

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