This is why under Australian Family Law, plans for relocating with children must be approved by both parties through mediation or if necessary, via the Family Court.

At Oxford Partners Lawyers, our Family Lawyers have had extensive experience navigating relocation under Australian Family Law, supporting Melbourne families in developing and updating parenting orders and relocation plans to support the best interests of the child or children.

Below, our Family Lawyers have provided their insights into the process of relocating with children under a parenting agreement, outlining what happens if one parent disapproves of the relocation plan, and how a swift resolution can be met.

What Constitutes Child Relocation?

Child relocation occurs if one parent decides to relocate following a divorce or marriage separation. Child relocation can happen on a range of different scales, from moving out of the family home to moving interstate or even overseas. Child relocation can also include plans for holiday travel.

Moving House

There are many different arrangements finalised under a parenting agreement, including plans for education and schooling of children, as well as childcare, financial planning, and living arrangements. For parents with joint custody, agreeing upon living arrangements that are convenient for both parties helps ensure that both parents can easily pick up and drop off children with minimal disruption to both their schedules and the schedules of their child/children. This ease of communication and collaboration are essential for healthy co-parenting.

Court decisions can take time,which is why family mediation is oftentimes a more preferable pathway. Allowing for swifter resolution, family mediation sessions can also allow parents to speak openly and reach an understanding. If a negotiation cannot be made in mediation, the relocation matter can be escalated to the Family Court.

Need to take your relocation matter to family mediation? Here’s more information on how you can prepare for your mediation session to ensure smooth communication and a prompt resolution.

Holiday Travel

Although child relocation due to holiday travel is temporary, there may still be court orders preventing children from leaving the state with one or either of their parents – even for a holiday. 

For parents who are in dispute regarding holiday travel plans made by either or both parties, family mediation sessions can be arranged to meet a swift resolution that stipulates travel dates, duration of the trip, and destinations that will be visited.

Parents may also be required to sign passport applications for international travel plans. In some cases, however, the Court may approve a passport be issued without the other parent’s consent if they believe the approval to be in the child’s best interests.

Overseas Relocation

If one parent opts to relocate overseas with their child or children, they can file for a relocation order that stipulates the permanent international move. These are the most difficult relocation orders to secure consent from both parties, as the overseas move might require a total revisiting of parenting orders and custody arrangements.

If the non-relocating parent does not consent to the overseas relocation plan, the relocation order may be taken to the Family Court of Australia to determine whether the plan is in the best interests of the child. Court proceedings may delay international travel for the children and the relocating parent for upwards of weeks to months. If the relocating parent moves away before Court rulings are finalised, they may be in violation of the Hague Convention.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement that defines the criteria for international parental child abduction. Under the Hague Convention, parents have a right to seek to have their child returned to their home country if that parent claims the child was taken without their permission and without the authorisation of the Court.

In Australia, Family Lawyers can offer support in filing applications for overseas relocation or travel, or in assisting parents that seek to file a court order to have a child returned under the Hague Convention. 

Note: if a child has been relocated to a foreign country that does not recognise the Hague Convention, a Family Lawyer can still offer guidance in having the child returned to their home country. In these child relocation cases where the child’s home country is Australia, the Department of Foreign Affairs and Trade may need to intervene to assist parents in securing services with a lawyer based in that non-Hague country.

How to Apply for a Child Relocation Order

To apply for a child relocation order, the relocating parent will need to first file an Initiating Application with the Federal Circuit and Family Court of Australia. This Initiating Application should include:

• Proposed destination for relocation (including a new residential address)
• A revised parenting plan
• Consent orders to demonstrate consent from both parties
• Any supporting documentation to corroborate that the relocation is in the best interests of the child/children

If the non-relocating parent does not provide their consent, family mediation sessions may need to be scheduled prior to filing the child relocation order with the Federal Circuit and Family Court of Australia. If an amicable agreement still cannot be reached during family mediation or dispute resolution, then the relocating parent can file directly to the Court for Court officials to assess whether the proposed relocation does in fact, maintain the best interests of the child/children involved.

Key Factors that are Considered in Parent Relocation Matters

Under Sections 60CC and 65DAA of the Family Law Act of 1975, both parents have the right to quality time with their children and as such, plans to move away from the original family home or from the child or children’s home environment, must be approved by both parties.

If the parties cannot reach an amicable agreement, the matter can be taken to the Family Court of Australia for assessment. Some of the factors that the Court will consider when assessing relocation plans include:

• The grounds for the relocation planning
• The availability of family support at the new location
• The anticipated quality of life for the child/children at the new location (i.e. access to schooling, healthcare, etc.)
• The preferences of the child/children 
• Whether full or partial consent has been provided by the non-relocating parent
• Whether there are inclusions for visitation/time-sharing arrangements with the non-relocating parent
• The estimated travel distance and duration of travel (in holiday planning cases)

Work with Oxford Partners for your Family Law Relocation Case

Amending parenting orders to include relocation plans can be an emotional and time-intensive process. As such, if you are considering filing a relocation order to the Family Court of Australia, it’s imperative that you secure legal counsel that’s empathetic towards you and your family and understand the value of a swift and fair resolution.

At Oxford Partners Lawyers, our Family Lawyers take pride in providing empathy-driven Family Law services, providing support for all the more detailed aspects of parenting and child custody arrangements, including amendments like relocation planning.

If you’d like to ensure a swift resolution to your relocation case, get in touch with our team of Family Lawyers at Oxford Partners Lawyers to book your free consultation.

Frequently Asked Questions

How far away can a parent move under their child custody agreement?

For joint custody arrangements, there is no specific distance as to how far a parent can relocate with their child. As such, it’s up to the Court to decide whether the relocation plans are in the best interests of the child.

How long does a child relocation case take?

It can take upwards of weeks or even months for the Court to provide their ruling on parent and child relocation cases. This is why family mediation is the preferred method for reaching an amicable agreement between both parties involved in a relocation order.

Can I add a relocation order to an existing parenting agreement?

Yes, a relocation order can be added to an existing parenting agreement. If both parents agree to the relocation plan, they can formalise the relocation arrangement through a consent order. If the relocation plan requires revisions of the existing parenting agreement, these revisions can be made with assistance from Family Lawyers.

Are there any risks for relocation without consent from the other parent?

If one parent relocates without the other parent’s consent, there is a risk of being issued a recovery order by the Court. This court order may negatively impact Court assessments of that parent in the future, which may then result in updates to the parenting agreement or custody arrangements in favour of the contesting parent.

Also Read the Articles:

• Family law time limits – is the clock ticking?
• Understanding Discovery And Disclosure In Family Law
• What Legal Rights Do Grandparents Have Under Australian Family Law?

If you have been subjected to false allegations during a child custody dispute, it’s imperative that you stay calm, and secure legal counsel to ensure you take the necessary steps to protect yourself. Today, our team of Family Lawyers are here to share their insights into managing false allegations, outlining what steps should be taken to ensure your child custody dispute is resolved based on facts and not on hearsay.

What Constitutes a False Allegation in Custody Disputes?

A false allegation can be defined as any untrue claim made against a party during any legal dispute. In the context of child custody disputes, or even divorce or separation cases, false allegations are often made to impact the outcome in favour of one parent or party over another.

Some examples of false allegations that can be made during a custody dispute include:

• Claims of emotional manipulation
• Claims of parental alienation (coaching the child to favour one parent over another)
• Claims of child abuse
• Claims of domestic violence/spousal abuse
• Alcohol and substance abuse claims
• False claims relating to the mental health of one party
• Financial deception (i.e. hiding assets, and other forms of misrepresentation of financial status)
• Falsified evidence that’s designed to favour of one party over another

The Legal Consequences & Risks of Making False Allegations

As damaging allegations can hold great impacts on the outcomes of Family Law disputes, both the Family Law Act of 1975 and the Criminal Code Act of 1995 include provisions for false allegations. As such, the Federal Circuit and Family Court of Australia are authorised to deliver criminal penalties and Family Law consequences to the party that has been recognised for making false allegations.

Legal Consequences of Making False Allegations

Legal repercussions for false accusations, perjury, and the making of false statements in Court are all covered under Part 7 (Public justice offences) of the Crimes Act 1900. Under Division 2, 314 of the Act:

A person who makes an accusation intending a person to be the subject of an investigation of an offence, knowing that other person to be innocent of the offence, is liable to imprisonment for 7 years.

This means that if one party has made a false criminal accusation (i.e. allegations of domestic violence, child abuse, etc.), that has opened another party up to unnecessary police investigation, the accuser may be facing incarceration if they’re found to be guilty of falsifying the allegations made. Additionally, legal consequences resulting from perjury and/or defamation of character charges may also be applied to compound the criminal consequences of making false allegations.

Under the Family Law Act of 1975, legal repercussions for false allegations also includes provisions for the accusatory party being required to cover the other party’s Family Law costs resulting from their having to respond to the falsified claims made against them.

Risks of False Allegations in Property & Financial Settlements

If one party has been found to have made false allegations designed to manipulate property or financial settlement proceedings, the Court may seek to adjust the settlement terms in favour of the party that has been wrongfully accused as a means of compensation for being subjected to the false allegations.

The false accuser may also be required to provide more spousal maintenance if the costs of legal proceedings resulting from their false allegations negatively affects the property and asset pool during the settlement.

Risks of False Allegations in Child Custody Disputes

In the context of child custody disputes, Court officials may find that the party that has made false allegations was not acting in the best interests of the child/children. The impact on the false accuser’s reputation can go on to affect child custody arrangements and parenting agreements, as the accusatory party may be recognised as unable to co-parent effectively.

In some cases, the Court may even use the filing of false allegations as grounds to approve the accused party’s requests for sole custody, either on a long-term basis or even short-term pending the accusatory party’s attendance of parenting counselling sessions. 

How Courts Assess False Allegations in Custody Disputes

False allegations in child custody disputes are actually more common than you may expect. In fact, in a recent study funded by the Australian Institute of Criminology, researchers found that 50% of the work conducted by the Family Court across all 288 custody and access dispute cases that were assessed, revolved around assessing the legitimacy of child abuse claims by one party against another.

This is because false allegations can be quite time-intensive to address in Family Court. In fact, the process of addressing false allegations can take at least 12 months spanning from family mediation sessions to your final hearing. The process of addressing false allegations will also inevitably include multiple court dates, including interim hearings and directions hearings, with interim hearings being designed to implement interim Court orders whilst allegations are being addressed (i.e. establishing interim Orders stipulating supervised visits for accused parents until the allegations have been assessed), and directions hearings being scheduled to determine the best course of action by the Family Court and both parties in assessing the claims being made.

Keep in mind that cases of defamation are governed by the ‘balance of probabilities’ standard rather than the criminal standard of ‘beyond a reasonable doubt’. As such, whilst false allegations surrounding Family Law matters like child custody disputes are taken very seriously by the Court, the Court also takes into consideration the behaviour, conduct, and cooperation of both parties during court proceedings.

For parents who are falsely accused during child custody disputes, the best thing you can do to continue acting in the best interests of your child/children is to comply with all interim Court orders made during your interim and directions hearings and in the lead-up to your final hearing.

What to Do if you’re Subjected to False Allegations

Follow the Advice of your Legal Counsel & Adhere to Court Orders

Although the Family Law Act of 1975 is designed to be on your side if false claims are made against you, it can still be disheartening and even embarrassing to be subjected to supervised visitation and other interim Court Orders. As such, the best piece of advice that can be offered to parents facing false allegations is to simply stay calm and keep in mind that the Court is not acting to punish you, but rather to ensure the best interests of your child/children.

You can demonstrate that you are also acting in the best interests of your child/children by maintaining communication with your legal counsel, following the advice they provide, and most importantly, by adhering to all interim Orders made in the lead-up to your final hearing.

Secure Suitable Legal Representation

Honesty and open communication with your Family Lawyer is key when navigating false allegations. As such, it’s imperative that you find the right Family Lawyer to represent you in these proceedings.

It’s advised that you partner with a Family Lawyer who you have built rapport with to streamline the process of finding and collating evidence to support your case. 

Want to make sure you’re asking the right qualifying questions when selecting a Family Lawyer to represent you? Check out our list of 6 key questions to ask in your first consultation.

Write a Statement Addressing & Categorically Denying the Claims

Maintaining a balanced, evidence-based approach is key in the face of false allegations. One of the best ways to start on firm footing when it comes to collating evidence is by simply preparing a written statement that outlines and respectfully denies all the claims made against you.

Collect Evidence Supporting your Case

Children’s matters are determined based on the child or children’s best interests. The strongest evidence that you can collect to support your case in the face of false allegations is evidence that simply demonstrates your consistency to act in the best interests of your children.

Some examples of useful evidence to disprove allegations in child custody disputes include:

• Text messages and emails (to the other parent or even to grandparents, aunts, uncles, educators, etc.) that contradict the allegations being made
• Witness statements from other family members, educators, etc. who may be able to support your case
• School records, police reports, medical records, and other official documentation that demonstrates your care for the child/children

Prioritise your Mental Health & Wellbeing

Finally, don’t lose sight of the fact that fighting false allegations under any circumstances can be taxing and even traumatising. Add to this the fact that you’re fighting false allegations within the context of an ongoing child custody dispute, and it’s enough to make any parent crumble.

But you can’t act in the best interest of your child or children with poor mental health. So stay strong and don’t let yourself become affected emotionally or maintain any behaviour that may place you in contempt of the Court. Don’t be afraid to lean on your support network if needed, and to prioritise your own health and wellness in the form of maintaining a strong diet and exercise routine.

And if you feel you’d benefit from sessions with a psychologist or therapist, don’t hesitate to schedule these for yourself. Records of these sessions may also be used as supporting evidence in your case that you are acting in the best interests of your child/children by investing in your own mental health.

Defend against False Claims with Support from Oxford Partners Lawyers

In our list of top behaviours to avoid during divorce proceedings, making false allegations takes the cake as the #1 thing you should never do. And whilst throwing stones at the other party is always advised against (especially if those stones also happen to be falsified claims), shutting down emotionally or even getting overly emotional (either in Court or even in texts/social media, etc.) can also be damaging to your case.

If you’d like to protect the best interests of your children in the face of false allegations made against you as a responsible parent, then the first step you must take is consulting with a Family Lawyer. Our legal team at Oxford Partners Lawyers is well-versed in both Family Law as well as Criminal Law, making us uniquely positioned to ensure the strongest possible outcome for child custody cases involving false allegations.

Whilst it may feel like the end of the world, being subjected to false allegations may just be the evidence you need to support your parenting order, if you’re looking to be named the primary caregiver. 

If you have recently been subjected to false allegations within your ongoing child custody dispute, get in touch with our team to book your free preliminary consultation with our Family Lawyers. We’ll make sure your accusers are held liable for their damaging behaviour, and will strive to achieve an outcome that considers your family’s best interests.

Pets are well regarded as valuable family members, which is why it comes as no surprise that there is often a fair amount of tension and disagreement when it comes to pet custody after a divorce. If you find yourself in this predicament, we’re here to help. Today, we look at what your rights and entitlements are when it comes to your beloved fur babies, so read on to find out more.

Pets Are Property

It may sound controversial or even upsetting, but in the eyes of the law, pets are property and are not mentioned in the Family Law Act 1975 (Cth) . Because of this, your shared pets are considered a part of your property settlement when separation occurs. This is often a difficult concept for many to grapple with due to the emotional attachment we naturally have with our pets. In the majority of cases, the Courts will make an order and award a pet to either party in the same order that lists other personal property.

Because the Family Law Act has yet to distinguish pets from property, they will make decisions regarding pets in the same way they might consider any other family asset: will consider pets in

• Who purchased the pet?
• Whose name is registered on the pet’s microchip?
• Who cares for the pet?
• Who feeds, cleans and walks it?
• Who pays for the pet’s insurance?
• Whose name is it registered in?

For more on how the Courts decide on property division, be sure to check out our previous blog article.

What Are Some Of My Options?

Some couples choose to pre-determine their financial position at separation, also known as a Binding Financial Agreement. Your BFA will entail a clear outline about exactly what will happen to your assets at the point of separation or thereafter. It is important to note that there is absolutely nothing stopping you from including your pets in these agreements!

If there is a child involved, we encourage you to take your child’s emotional needs into account when making a decision on who gets to keep a pet. In many instances, parents end up deciding to let a pet live wherever a child is living to reduce the chances of separation anxiety or emotional distress.
Mediation Can Be Incredibly Helpful

Generally speaking, the Court’s preference is for couples to work out ownership issues amongst themselves. This is where family lawyer-assisted negotiations or mediation can be an incredibly powerful tool. Ideally, you and your ex should try your best to come up with a mutual agreement as to who will take ownership of a pet after separation or divorce.

Increasingly during mediation, “Pet Parenting Agreements” are made, where parties agree on factors such as who the pet lives with, who does changeover, basic care agreements, what vet the pet goes to and so on. Although pet parenting agreements are informal, they can be incredibly helpful if you choose to share the responsibilities of your pet with your ex-partner.

What If We Can’t Come To An Agreement?

As mentioned above, if you and your ex-partner fail to come to an agreement on who will get your pet, there are a few principles the Courts will apply when making a decision about pet ownership. Do keep in mind that the Courts look solely to factual scenarios rather than emotionally charged ones. For example, one of these scenarios can be as simple as who wants the pet more. Whichever way it goes, it is important to note that there is no such thing as a formal or court-ordered custody arrangement for pets.

If you find yourself in this difficult situation, getting in touch with one of our expert family lawyers can be beneficial.

The Bottom Line

At the end of the day, there are no right or wrong ways of dealing with pet ownership or custody in the event of separation. Every case is unique and poses its own challenges, and outcomes can vary depending on your individual circumstances. If you are struggling to come to an agreement with your ex-partner, mediation is always recommended.

At the end of the day, any decision you make with regard to pet ownership should always prioritise your pet’s best interests in the long run.

If you are going through a separation involving a dispute of pet ownership, the expert team at Oxford Partners is here to assist. Our experienced family lawyers are able to assist you in negotiations to help you avoid the long and expensive process of going to Court.

If you are a step-parent, it is vital that you are aware of where you stand. In today’s article, we aim to demystify the legal rights and responsibilities of step-parents, in order to help couples better navigate family life in a world post-separation or divorce. Read on to find out more. 

Defining “Step-Parent” 

In order to better understand your rights and entitlements, we first need to understand the legal definition of the term “step-parent”. According to Section 4 of the Family Law Act 1975 (Cth) (“the Act”) a stepparent is a person who:

• is not the biological parent of the child;
• is, or has been, married or in a de-facto (same-sex couples included) relationship with a parent of the child; 
• and while in a relationship with a parent of the child, treats the child as a member of the family with that parent. 

Legal Responsibilities Of A Step-Parent

As a step-parent, you have the authority to make decisions concerning and affecting the care, welfare and proper development of a child. However, it is important to note that step-parents do not automatically have legal parental responsibility. 

This means that a step-parent cannot legally authorise medical care, sign school forms, apply for passports and so on. There is an exception for emergency medical situations when you might be asked to give consent to a procedure if neither of your stepchild’s biological parents are available. 

Parenting Orders For Step-Parents

Should you want to gain parental responsibility for a child as a step-parent, you will need a parenting order or consider adoption. It is always advised that you seek legal advice from an experienced family lawyer regarding parental responsibility as a step-parent. 

A parenting order will allow you to: 

• Go to school events that parents are invited to;
• Receive school notices, reports and any other teacher-parent correspondence;
• Acquire information about your stepchild’s health and education;
• Pick a stepchild on behalf of a biological parent;
• Spend time and communicate with a stepchild even if you separate from his or her biological parent.

Note: It is important to note that step-parents are only granted parenting orders in special circumstances – for example when both biological parents aren’t available/fit to the parent or there are concerns for a child’s welfare.

Adopting A Stepchild

Adoption is another path that is available to stepparents. Of course, this will require the consent of both biological parents, unless one of those parents has passed away. If you adopt your stepchild, you become your stepchild’s legal parent. 

Adoption laws vary between states and can be complex. As such, it is imperative that you get in touch with one of our trusted family lawyers if you are planning to adopt your stepchild. 

What Are My Custody Rights As a Step-Parent? 

Under Australian law, if a step-parent and a child’s biological parent are separated or divorced, a step-parent does not automatically have the entitlement to spend time with their stepchild or to commence court proceedings. However, a parent and stepparent can reach an informal agreement or enter into a Parenting Plan. 

If you are a step-parent seeking a court order for time with a stepchild, you must first obtain leave of the Court to start proceedings, or to join existing proceedings.

Section 65C of the Act provides means for any person or step-parent concerned with the care, welfare or development of a child to be able to commence or join proceedings concerning the child they have a concern about. Some of the factors that may be taken into consideration include the form of Orders being sought by you, the stepparent, and the history of your relationship with the child.

Will My Stepchild Inherit My Assets? 

If you want to provide for your stepchild after your passing, you must name them in your will. If you have not adopted your stepchild and you die without a will, your stepchild will not be entitled to any of your assets. 

However, if you adopt your stepchild and die without a will, your stepchild has the same entitlements to your property as any of your biological children.

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Truth be told, this article only covers a mere fraction of everything a step-parent needs to know about their legal rights and responsibilities. As you can see, this is a topic that is incredibly complex and made up of a vast number of different layers based on individual circumstances. 

If you have any questions or concerns as a step-parent, it is vital that you get in touch with one of our expert family lawyers who will be able to provide you with legal advice that is specifically tailored to your situation. 

Understanding Co-Parenting 

Before we dive into our 6 expert tips, it is important that we define the exact meaning of co-parenting. A quick look in the dictionary will provide a succinct definition – sharing the duties of bringing up a child of parents who are separated or not in a relationship. However, co-parenting is so much more than just a definition. Co-parenting can be challenging even in the best of times, and agreeing with your ex-partner on how you will raise your child may even be frustrating at certain points. 

The key to successful co-parenting is to separate the personal relationship with your ex from your co-parenting relationship. Your co-parenting relationship should be one that solely focuses on the well-being of your children. Whatever your situation, you and your former partner need to make clear decisions on how you’ll parent your child now and in the future. Co-parenting encompasses decisions about (but are not limited to):

• Living arrangements;
• Finances;
• Education;
• A child’s medical needs;
• Holidays and special events; and
• Decision making guidelines.

Top Tips For Successful Co-Parenting 

• Create A Co-Parenting Plan

Coming up with a co-parenting plan can be the most useful way to set out the details of your new relationship. In order to come up with a plan that is mutually agreed upon, you and your former partner need to discuss your rights and responsibilities with regard to your child, along with figuring out ways to work out any disputes that may arise.. A co-parenting plan should address: a contact or visitation schedule, finances, a child’s medical needs, holidays/special events and other key decision making guidelines in the best interest of your child.

Your co-parenting plan should include back-up arrangements in case of emergencies or changes in plan. In most cases, ex-partners are able to come up with a mutually beneficial co-parenting plan on their own. However, if you are having issues sorting out a co-parenting plan, you can get help from a family lawyer, mediator or relationship counsellor.

• Put Your Differences Aside

Regardless of age, navigating a co-parenting plan with utmost maturity can be a challenge, especially if the relationship with your ex is frayed. The most helpful tip we can offer you is to put your differences aside, for the sake of your children. Separation and divorce can be incredibly difficult on children and the last thing you want is to pull your children into your personal drama. 

Setting aside your differences to create a harmonious transition for your kids will show them that they are your first priority, and it will make them feel supported as they navigate life after the split.

• Embrace Flexibility

The truth is that things may not always go 100% according to your schedule or parenting plan. This is where a little flexibility can really go a long way. For example, if your former partner is occasionally late for pick-ups, it might help to be ready with alternative plans. Always keep in mind that getting upset about a change in your parenting schedule does more harm than good, and embracing your new co-parenting lifestyle with an open mind is always the best step forward. 

• Utilise Co-Parenting Tools 

In the age of digital, it is no surprise that there are a variety of different websites, tools and applications available to help divorced parents navigate their co-parenting duties. Tools such as scheduling assistance, conflict resolution apps and budget trackers can really help parents stay organised and on top of their responsibilities. Co-parenting apps are also fantastic in helping families manage appointments, events, holidays, and offer quick and easy communication between ex-partners without having to deal with contentious conversations. 

• Maintain A United Front 

Your ex may be the last person on earth that you want to see, but keeping animosity and ill-feelings out of your child’s sight is key. Avoid speaking negatively about your co-parent in front of your child and never make them feel like they have to choose sides. If you feel like you have a lot on your mind or are in need of venting your frustrations, we highly recommend speaking to friends, family members or a therapist about the challenges you are facing. If you feel angry or resentful, try to remember why you need to act with purpose and grace: your child’s best interests are at stake. 

• Listen To Your Child

For a child whose parents have recently divorced or separated, getting used to moving between living with one parent and the other separately isn’t easy. As such, listening to your child’s concerns is a vital part of navigating a successful co-parenting journey. Remember to create time and space to give your child your full attention and to just listen. Never interrupt or ask too many questions, and don’t try to solve or minimise their concerns. 

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Fostering a co-parenting relationship that prioritises your child’s best interests is by far the most successful outcome post separation or divorce. When co-parenting gets tough, the dedicated and compassionate team at Oxford Partners is here to help. To schedule a consultation, simply call us at (03) 9670 7577 or send us an email at admin@oxfordpartners.com.au

Also Read the Articles:

• Guide to Step-Parent Rights and Responsibilities
• How Child Maintenance Amounts Are Decided

To learn more about how Covid-19 may impact your child custody arrangements, here is a simple breakdown.

Navigating government protocols

Throughout the pandemic, the instructions and guidelines for parents adhering to a  Law order or child custody arrangement have been clear, and continue to do so. Even during a lockdown and curfew, transporting or picking up your children has been permitted under the rules. If you chose not to abide by any Lawfully executed custody arrangement it’s critical you speak with your Family Lawyer to ensure you have the appropriate exemption. Not adhering to a custody arrangement because of a lockdown or other Covid-19 related implication is not Lawful and you may be held accountable in court. Simply stating Covid-19 restrictions or public health orders as a reason for not abiding by your custody arrangement, will not be permissible in Family court. 

These rules, however, don’t mean there is no way to overcome an existing custody arrangement if you believe that is in the best interests of your child or Family. 

Exemptions for child custody arrangements

The challenges of a global pandemic are evident without adding in the additional challenges around child custody arrangements. Schools being closed, potential exposure to the virus and maintaining a stable environment in an increasingly unstable time are all genuine concerns for parents. Adhering to existing child custody arrangements is an expectation of Family Law, even in the Covid-19 climate. Exemptions from these arrangements are, however, possible. These exemptions are generally for situations where it’s otherwise impossible to meet the requirements of the arrangement. If for example, your arrangement states:

• You take your child to and from sports games/training
• Picking up or dropping off your child at/from school or
• Taking your child to regular appointments

These arrangements may no longer be required or permitted during public health orders to maintain the health and safety of the community. In these instances, the Family court expects parents or caregivers to find alternative solutions to their arrangement. Discussing these alternate arrangements with your Family Lawyer or Family Law expert is advised, as is executing any deviation in writing. 

Using the expertise of a Family Lawyer or Family Law specialist will help avoid any unfair outcomes or sticking points parents and caregivers may find themselves in. Family Law can change quickly, so avoid taking previous advice as gospel and always check in on the latest information or changes.

Navigating interstate child custody arrangements

One of the more unique challenges some families will face during the Covid-19 pandemic is interstate arrangements. Prior to the Covid-19 pandemic, interstate travel and parenting arrangements generally ran smoothly. During the pandemic, borders have closed, and travel between states has been increasingly limited to exceptional circumstances. This may present a unique challenge to parents, caregivers and families who share care of a child or children and can no longer abide by their Family Law arrangements. In this instance, it’s crucial you speak with the other parent or caregiver to find a suitable solution to maintain contact. 

Speak with your Family Lawyer to understand what rights you have in this scenario. It may be that you increase contact via other methods, such as video calls or phone calls. This scenario is almost certainly meant for not abiding by existing child custody arrangements, again it will be important to obtain any new agreements for care in writing. 

How to seek help

There are many services available to parents, caregivers and children during this challenging period. For any Family Law related concerns, questions or queries, speak with your Family Lawyer or Family Law expert. They are in the best position to give you up to date advice and help you understand your rights during the Covid-19 pandemic. For mental health support, utilise existing services such as beyond blue or kids helpline. Navigating this pandemic in a child custody arrangement can be stressful so it’s important you seek the advice and guidance you need.

Covid-19 has presented significant challenges to the work and personal lives of many Australians. Periods of uncertainty with regard to movement, activities and public health place even greater stress on shared care and custody of children. Understanding how Covid-19 may impact your child custody arrangement is key to ensuring you and your Family can navigate these challenging times in the most appropriate way. Read Covid-19 priority list.

For advice or information on what options you have during this challenging time, contact Oxford Partners today. 

While the law is black and white, there is still room for nuance and so here is a guide to grandparents legal rights under Australian Family Law.

Grandparent rights according to Family Law Act 1975

Australian family law abides by the Family Law Act 1975, which includes the consideration of grandparents in the case of separation, division, property division and child custody. In the event of one of these cases, grandparents can ask for time to see grandchildren by lodging an application through Family Court. They may also wish to apply for custody of children, although Family Act Law outlines that this entitlement is only accepted if it is in the best interest of the child.

The child also has a right to maintain contact with people who add value in their life by way of care, development and welfare. That said, grandparents should not expect visitation and communication based purely on this and should make the relevant applications. Engaging a family lawyer is an ideal way of knowing what your options are and when you need to submit the applications to be part of the proceedings.

Parenting plan and consent orders

If the circumstances allow, it is ideal to have the rights and consent of the grandparents written into the parenting plan by both parents. Following a divorce or separation, it’s common that parents will create a parenting plan which includes all the decisions made and anything that will influence the life of the child. This is usually made officially at Family Court, and so time can be saved by writing the grandparents into the parenting plan.

In the event that the parent or parents are unable to take care of the child, then Grandparents may have access to the child and could even gain sole custody. Once again, the best interest of the child is considered first and if the parent or parents show evidence of abuse, neglect or substance abuse then a judge might rule it.

To put it simply, the parents must be:

• unwilling to care for the child;
• unable to care for the child; or
• unfit to care for the child

Cultural considerations

Different cultures will of course have different perspectives when it comes to parenting and grandparenting, and so it is important that you apply a cultural lens when assessing a course of action for a family unit. For example, First Nations communities place deep importance on kinship care and have specific rights when it comes to a child’s custody.

Grandparent support and assistance

If the grandparent gains sole or shared custody of the children, they have government entitlements. Applications can be made to Centrelink to receive financial support to cover the cost of raising a child. What these entitlements are will vary depending on the circumstances and financial position of the grandparents. If the child or young person has a disability, then there will also be further support available through Centrelink and NDIS that will cover the needs of the child and the carer.

Generally speaking, grandparents may apply for the following supports through Centrelink:

• Grandparent Child Care Benefit
• Child Support
• Family Tax Benefit

If your child or grandchild is about to go through change following legal proceedings, you may wish to receive some practical and relevant advice. Contact Oxford Partners today to fully understand your rights as a grandparent or parent and how family law can create the best outcome for the child.

Parenting Agreements

As the name suggests, effective parenting agreements (also known as parenting plans) are when both parents of a child come to a mutual agreement on various parenting matters. In most cases, a parenting agreement is worked out between ex-partners, sometimes with the help of a counsellor or trusted friend/family member.

It is important to note that a parenting agreement is not a legally binding contract and it does not get filed in Court. An agreement between parents can only be considered a parenting plan if it is made through the free will of parties involved and not on the basis of any threat, duress or coercion. Parenting plans have to be in writing (verbal agreements do not count), dated and be signed by each parent involved.

Some of the matters that a parenting agreement features include:

• Education / School
• Childcare
• Living arrangements
• Religion
• Healthcare
• Finances
• Emotional Support

Note: As children’s needs change over time, parents may have to update their parenting agreement whenever necessary. Because a parenting order is not a legally binding document, breaking a parenting plan is not illegal. However, do note that the other parent involved has the right to take you to court should you fail to hold up to your end of the bargain.

Consent Orders

Whilst consent orders and parenting agreements are sometimes referred to as synonymous, the two can have quite different outcomes and will be applicable for different situations. Unlike parenting orders, which can be agreed upon, managed and discussed outside the Court system, consent orders are managed by the Family Court or F.C.C. and are enforceable by law. This can also be decided upon by the Court if the separating parties cannot agree on a resolution.

Consent orders tend to be the most common method for separating parents to come to a formal agreement in Court. They are, however, often less detailed than parenting agreements, therefore making them less applicable in circumstances where more comprehensive agreements must be made. Elements agreed upon through consent orders include:

• Visitation
• Communication Methods
• Education
• Arrangements for Travel
• Living Arrangements & Details

After you have submitted your certificate, the courts will then decide on the best solution pertaining to arrangements for your child based on his or her best interest and overall well being. Because a family court consent order is a legally binding document, failing to follow it is considered breaking the law and may result in a hefty penalty. Also read the DHSS Authority in Removing Parental Custody.

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Understanding the differences between parenting agreements and family court consent orders is incredibly important as they will inevitably affect the future of your children and the overall family dynamic. If you require any advice or assistance on consent orders or a parenting plan, call Oxford Partners today at (03) 9670 7577.

Violence and Abuse

Putting your child in an environment that leaves them vulnerable to violence and abuse is something that the DHHS takes incredibly seriously. It should be quite obvious that exposing your child to such treatment or environmental are absolutely grounds for losing custody. In situations where a parent is found to exhibit violent or abusive behaviours and patterns, a child custody will then be transferred to the other parent. In some instances where both parents are found to be unfit, a child may even end up in foster care until further notice.

Neglect

A big part of parenting responsibilities includes paying attention to a child and ensuring that all their physical, mental and emotional needs are met. If the courts find that a child is being neglected in one form or another, custody may be revoked. Neglect is often something that is hard to prove, but some telling signs may include poor health, lack of hygiene and proper clothing or failure to thrive.

Dishonesty And/Or False Allegations

Most of us know that honesty is always the best policy in legal matters, but it isn’t uncommon for parents to sometimes stretch the truth amidst a custody battle. Unfortunately, if the courts find that a parent is lying, regardless of what that may be about, there is a high chance that custody will not be granted. Parents who are in the middle of a custody battle are always encouraged to tell the truth, even if that may be incredibly difficult or confronting.

Substance Abuse

If one or both parents are suffering from substance abuse, it is more than likely that the courts won’t look upon this behaviour in a favourable manner. Do note that this doesn’t mean that a parent who enjoys a drink once a week is going to lose custody, but abusing alcohol and or drugs on a regular basis (to the level of impairment) is definitely an absolute deal breaker.

Mental Health Issues

Although the courts do not stigmatise or discriminate against mental illness, the truth is that in some situations a parent’s mental illness may be something that gets in the way of them being able to care for their child. In such a situation, a mental health professional will be called in to assess the situation before making an educated suggestion to the courts. Do note that a diagnosis alone is not enough to influence parenting orders that are in the best interest of the child. Instead, it is important to demonstrate how and to what extent a parent’s mental health condition may negatively impact the child.

Interfering With Parenting Time

If parents have shared custody rights but for some reason one parent makes it incredibly difficult for the other to see his or her children, the DHHS may make a decision that results in the difficult parent losing custody. Deliberately interfering with parenting time and plans or engaging in actions that keep the other parent from a child is seen an unsavoury behaviour by the courts and may result in severe and permanent consequences for the parent at fault.

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While divorce is never a pleasant experience for all involved, there are a variety of things that parents can do in order to lessen the impact that a divorce may have on a child. We hope that this article has given you some insight into some of the situations and or behaviours that parents should avoid in order to ensure that custody is something that remains on the cards.

If you need any advice or help on family law matters, do not hesitate to reach out to us at (03) 9670 7577 today.

One of the major components of a separation is child maintenance. Figuring out how much in child maintenance payments a parent has to contribute or receive is sometimes a tricky thing to decipher. In today’s article, we have a look at what the legal system considers when calculating child maintenance, so read on to find out more. 

What Is Child Maintenance?

First up – we look into what the term ‘child maintenance’, often also referred to as ‘child support’ means. Child maintenance is the agreement of an ongoing payment that is made by one parent to another to assist in taking care of and supporting the child/children. 

Once separation or divorce occurs, the court will look into matters such as parenting arrangements, spousal support agreements and child maintenance payments. Often, the court will also look into each parent’s financial situation/income in order to make the decision on which parent this obligation falls on.  

Calculating Child Maintenance Payments

Generally, calculating child maintenance payments involves analysing how much the necessary expenses of a child are per month. Each parent’s state of employment, finances and income earning capacities are also taken into consideration, along with the child’s ability to seek employment if they are of legal working age. A child’s necessary expenses include housing, transport, school fees, food, utilities and medical costs. Matters such as entertainment, holidays and pleasure activities are often excluded when calculating maintenance payments. 

In certain cases, the child’s tertiary education will also be taken into consideration. If the court deems that a child would have to abandon studies due to insufficient funds, hardship will be declared. 

It is good to note that in some situations, it is not a necessity for each parent to contribute equally. The contribution percentage payable is unique to each individual case and will be based on each parent’s financial status and capacity to contribute.

How Are Payments Made?

In most cases, payments are made on a monthly basis. However, there is also the option to make a lump sum payment or pay the support fees in installments. If a parent’s character comes into question or the court has reason to suspect that payments will not be made in a timely manner, a lump sum payment may be a legal obligation. 

Child maintenance orders will last until the date that is specified within the order. In general, maintenance payments will be made until a child enters concludes their tertiary education.

What If A Parent Fails To Contribute?

In rare cases where one parent fails to provide their monthly contribution to the welfare of a child, penalties may be applied on the outstanding amount. This penalty will be paid to the Australian Government, not to the receiving parent. If a parent manages to fork out overdue payments, the penalty will be reviewed and possibly reduced or removed. 

If the parent who is meant to be receiving support has not been able to receive payments, it is always advised to act swiftly and contact the DHS.. The Department of Human Services can only collect arrears for the previous 90 days, however in certain circumstances, one may be able to receive arrears for up to 9 months.

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Calculating child support payments is something that can be a sensitive situation for all involved. It is highly recommended that you liaise with your lawyer in order to ensure that you are well versed in all things child support related. Don’t hesitate to reach out to us if you have queries about child maintenance – we’re always here to help. All the best!