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Passports, children and parental consent

Passports, children and parental consent Key points

A child’s passport application should include the written consent of each person who has parental responsibility for the child, or an Australian court order permitting the child to have an Australian passport, travel internationally or live or spend time with a person outside Australia.

Alternatively, you can request that your child’s…

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Appealing - what are the time limits?

Appealing – what are the time limits?

Appealing – what are the time limits? Appealing – what to do and when 1. Preparing your appeal

You prepare your appeal by completing a Notice of Appeal and attaching a copy of the orders you seek to appeal. The notice must be typed or printed clearly and must state:

If you are applying for leave to appeal, the facts relied on in support of the application for leave.

Whether the appeal is against…

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Appeal - what's involved?

Appeal – what’s involved?

Appeal – what’s involved? What is an appeal?

An appeal is not a rehearing of the original dispute. For your appeal to be successful, you must convince the Family Court judge that the Federal Circuit Court judge made an error.

The judge:

does not consider any evidence or information that was not before the Federal Circuit Court judge, except in special circumstances

does not hear witnesses giving…

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The Police conclusion - "very unlikely"

The Police conclusion – “very unlikely”

The Police conclusion – “very unlikely” a sexual offence occurred

Officer S decided that, because E was, in his view, unable to adequately particularise any element of an offence and because the father declined to be interviewed, the matter could not be proceeded with at that time.

He also recorded in official police documents that he held the belief that “it is very unlikely that the offence did…

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Unsupervised time an unacceptable risk?

Will unsupervised time with the father expose the children to an unacceptable risk of harm?

The mother does not allege that the father has sexually abused the boys. Her contention that E is at an unacceptable risk of sexual abuse if she spends unsupervised time with the father rests upon a consideration of a combination of events – including the mother’s understanding of the father’s previous…

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Benefit to the children of a meaningful relationship

The benefit to the children of a meaningful relationship with both parents – a prospective approach

The preferred interpretation of ‘benefit to a child of a meaningful relationship’ is the prospective approach:[19]that is, the Court should consider and weigh the evidence at trial and determine how, if it is in the children’s best interests, orders can be framed to ensure that they have a…

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Costs of children 2018

Costs of the Children Table 2018

Costs of children: What is the maximum amount of child support payable by:

A payer who spends little or no time with the children

There are 3 or more children

The children range in age

In 2018?

Answer – $48, 213 per annum (or $4,017.75 per month), irrespective of the income of the payer over $184,015

Parents’ combined child support income (2.4.4) Fraction of…

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Reforms for the Family Law Courts

Queensland Law Society president Ken Taylor on Wednesday 30 May 2018 said he stood with the Law Council of Australia and was interested to hear of plans to amalgamate the Federal Circuit Court of Australia and the Family Court of Australia.

“This morning we heard the news that the Australian Government plan to address growing delays and high costs in the family…

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Child support applications of both parents dismissed

Application for departure – Competing applications for departure from the current child support assessment the father is liable for – Where the mother seeks that the father pay a greater amount of monthly periodic child support than the assessed rate – Where the father seeks that his annual rate of periodic child support be set at $0 and in…

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Meaningful relationship with father causes emotional harm

Meaningful relationship with father would cause risk of emotional harm to children

Meaningful relationship

Everyone is now in Court. I will order, consistently with our previous discussions, that the father will have no further input by way of communication, time or parental responsibility of the children and finalise the proceedings. I do so recognising that it is a final parenting order. I am…

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Re-interviews of children not in their best interests

15. In this matter, the children have attended a number of examinations with experts and counsellors. These include attending upon;

(a) Ms D, a family consultant, on 11 May 2017 for the purposes of preparing a child responsive program memorandum

(b) Attending upon Dr E for the preparation of a report on 20 June 2017.

(c) The children are also…

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Drawdowns on mortgage for child support and legal fees added back

Drawdowns

The third position however is more disconcerting. Disclosure by the applicant of the details of his drawdowns that increased the mortgage, and the use to which they were put, was not adequately explained until the hearing. He had a number of opportunities including through orders of the court in 2017 for comprehensive…

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Costs ordered against mother for witness failure

Costs

Section 117 of the Act sets out the default position that each party bears their own costs, subject to circumstances justifying otherwise. The precondition is the finding that there are circumstances justifying the making of an order. Once these are found, the default position yields to the court’s discretion to award costs as it considers…

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Relationship with father would not benefit children

Relationship

This matter has not been interpreted to mean that there is a presumption that children do receive a benefit from having a meaningful relationship with both parents. The Full Court in McCall & Clark (supra) continued at [122]:

No doubt in the majority of cases there will be a positive benefit to a child of having a significant…

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Fiercely protective mother makes concessions at trial

The history of the litigation would suggest that the mother considers that the father presents as a risk to the children by assertion that he has behaved in a sexually inappropriate manner to the children, that he presents as a physical risk and during the period of the relationship he was the perpetrator of family violence towards both the…

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Disclosures lead to risk findings

From the period commencing about September 2016 until a disclosure was made, the mother says, under oath on 8 November 2016, tensions further increased between these parties. On an interim basis, I do not propose to make any findings about that period save to observe that the mother had, as is clear from the medical records tendered today, been concerned about…

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Adoption approved for 14 year old girl and step-father

The child B was born in 2004. She is now 14 years of age. Her mother is Ms Harvey and her father is Mr Igin. The mother and her new partner Mr Harvey commenced cohabitation not long after final separation, but in October 2007. At that stage, of course, the child was but three and a half years of age. The evidence from the mother and her…

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