Parenting Plan Versus Parenting Consent Orders
One of the most common questions that we receive regarding parenting matters, is whether the parties should formalise their arrangements through a parenting plan or using parenting consent orders.
Can I Change My Childs Name If I’m Divorced?
When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required.
Do You Really Need A Property Inspection?
Buying a home is an exciting time. There is a lot to take care of, and you will be racing around getting everything done in time for the settlement date.
Can I Take My Child Overseas After Separation?
Travelling overseas with children after a separation may raise several concerns. Dealing with them such concerns early can save both time and money.
What Happens To My Children After Separation?
This is a question often asked by newly seperated Mums and Dads. Parental responsibility refers to all the duties, powers, responsibilities and authorities which parents have in relation to children.
How To Change A Child’s Name In Australia?
When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required. It is presumed that parents have equal shared parental responsibility for a child.
Changing Parenting Orders Explained
Changing Final Parenting Orders and the rule in Rice v Asplund (1979)
Final Parenting Orders are Orders that outline the arrangements for a child or children on a final basis. These Orders can be made by the Court after a hearing or by consent if the parties can agree on terms.
But what happens if Orders made on a final basis are no longer appropriate? This was the issue that the Court was required to examined in the matter of Rice v Asplund (1979).
How Long Does A Divorce Take?
In comparison to many legal jurisdictions around the world, Australia has a relatively simply process for getting divorced. For most applications, you will not even need to appear in person for the divorce to be granted.
When Should I Update My Will?
Your Will expresses your wishes at a particular point in time, however your personal situation changes on a regular basis.
Day to day events occur that have the effect of revoking all or part of your Will. Generally these events do not trigger the fact that our Estates and therefore our Will, needs to reflect the relevant change.
Who Can Take Custody Of A Child After Divorce?
For many years’ parents have fought to have custody of their child after separation or divorce. As the law has evolved, the term “custody” fell out of use as it had connotations of ownership of the child.
The law as it stands now gives the child the right to “spend time” with each of its parents and significant other family members.
If parents can’t agree on how much time the child can spend with each of them, they may ask the court to make a determination for them. When the court makes a decision about parenting matters, it must satisfy itself of a number of factors which are set out in the Family Law Act 1975 (the Act).