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Things to consider in a parenting arrangement after separation

There are several topics that should be included in any post separation parenting arrangement, regardless of whether the parenting arrangement is structured as a verbal arrangement, parenting plan, consent order or court order.   Decision making  A post separation parenting arrangement should outline how major long-term decisions will be made for the children, namely, whether decisions will be made jointly by the parents or whether one […]

When will the Court vary final parenting orders? (Rice v Asplund test)

The Court will vary final parenting orders only in limited situations, where there has been a significant change in circumstances of the child or the family, or if it would be in the best interests of the child. If the Court decides to re-open a matter, this will likely result in fresh proceedings and new […]

Interim hearing versus final hearing in family law

So you have progressed your matter past the first court appearance and you are told that you have to attend an Interim Hearing or a Final Hearing… what does this actually mean? Legal jargon can sometimes feel like a different language and the Courts can feel like a different planet. To help makes sense of […]

What is a Direction Hearing / Mention?

When you first start navigating the family law system, it can feel like trying to navigate a map in another language. The forms, process, time frames and the terminology can all feel bamboozling! Let’s make it simple and explain some of the key steps involved in family law processes. Firstly, there are two courts in […]

What is a family report in family law?

  When parties are unable to reach an agreement about the care arrangements for the children a family report may be written to assist the Court in making a decision about what is best for the children. The report is written by an independent family consultant who is a qualified social worker , psychologist, or […]

What is the role of an independent children’s lawyer?

At the heart of family law policy is that the children’s best interests are protected in any parental dispute. One way that legislation provides for this is through the use of an Independent Children’s Lawyer (ICL). The Court appoints an ICL and their role is to represent the children’s best interests and they can be […]