Australian Family Law by Hayder Shkara

Parent responsibility is often confused with custody arrangements for a child.If the parent has sole parental responsibility, it doesn't mean that the other parent will not spend time with the child, it does not mean that the parent with sole parental responsibility spends all the time with that child.What is means, is that the parent with sole parental responsibility is responsible for mage long-term decisions of a child.What does the court define as a long-term decision?Anything that will affect the child over a long-term basis, for example, the child's religion, major health decision of the child, major operations etc.These things are considered major long-term decisions, and the parent with sole parental responsibility means that the parent with this responsibility makes all of these decisions for this child.However, the child still spends time with the other parent, but the parent who has sole parent responsibility can make all of their long-term decisions for that child. Original article: Sole Parental Responsibility | 2022 Best Custody Guide (justicefamilylawyers.com.au)Our website: https://justicefamilylawyers.com.au/Contact us today!Sydney CBDPhone: +612 808 93148Email: admin@justicefamilylawyers.com.auAddress: Level 2, 255 Castlereagh Street, Sydney, 2000Melbourne CBDPhone: +613 8609 0329 Email: admin@justicefamilylawyers.com.auAddress: Level 23, Tower 5, 727 Collins Street Melbourne 3008

It's important to not confuse parent responsibility with how much time each child is spending with the parent, because parent responsibility deals with the major long-term decisions of the child.So what is "equal shared parental responsibility"? Essentially, what it means is that both parents have to make joint decisions about the major long-term decisions about the child, providing that both parents are capable in the eyes of law.The major long-term decision could be things like:- Education- Housing/where the child lives- Religion of the child- Any major health decisionsAll of these things are what the court considers to be major long-term decisions. So, if there is an order stating equal and shared parent responsibility, then both parents have to agree on each of these things before a final decision is made.Fortunately, there are only 2 parents per child. What that means is... if the parents aren't able to agree on one of those things, there will be an umpire or mediator who can help make a decision as to what is in the best interests of the child. This is when parents have to seek the advice of the judge, go to court, and then a decision will be made by the judge as to what is in the best interest of the child. Often, parents will seek advice from a family lawyer, such as the best family lawyers in Sydney, Justice Family Lawyers. We can advise you on what the court would consider reasonable if the matter does go to court. This is useful in making decisions as to whether or not it would be something that you'd want to do, in the event that you cannot make a decision. If you have any other questions about equal or shared parental responsibility, please don't hesitate to get in touch. It is a very technical subject, and you do need specific advice about it.Read more about it here: Equal Shared Parental Responsibility | The Complete Guide (justicefamilylawyers.com.au)Speak to one of our family-friendly lawyers today: https://justicefamilylawyers.com.au/

This is a question we get asked every day at Justice Family Lawyers. There are so many fathers across Australia who are either uninformed or misinformed about their rights as parents.I will start off by saying that there is nowhere in the Family Law Act that makes a distinction between the genders of the parents of a child.Basically, this means that there is nowhere stated in the Family Law Act of 1975 that the mother should be given X, Y, and Z and the father should be given A, B, and C. Quite often, there is a lot of misinformation in terms of what fathers should be receiving, for example, how often they should be able to see their children, whether or not they should be allowed to see their children, or whether or not they should be allowed to make decisions that concern them. Most frequently, fathers contact us with regard to spending more time with their children. Every case is unique, and what that time with that child should look like varies from case to case. It normally depends on the age and maturity of the child.For example, in the case of a mother and father who live a considerable distance apart, it would be unrealistic for the father to say, "I want 7 days out of 14 days with the children," as the amount of travel would be unreasonable and it might not be in the best interests of the child.If you want specific advice, we highly recommend that you speak with one of our lawyers, and we can quickly give you some more information about how much time you can spend with your child according to the law. It's incorrect to say that time spent with a father is somehow less than time spent with a mother.In terms of responsibility, there is a presumption that both parents share equal responsibility for their child.It's important to understand this and to be educated, so we recommend speaking to some of the best family lawyers in Sydney and Melbourne:This is a more common question than you might think, and we get asked it all the time for a number of reasons.A mother may want to know, for example, how much time a father should spend with their child, or they might want more time with the child. There may be some concern about the father's behaviour and whether or not they pose a risk to their child or children at times.It is important to understand the test that the court will employ in this case, which is to ask the question, "Is there an unacceptable risk to the child when in the care of one of the parents?" There is a presumption in the Family Courts of Australia that it is beneficial for the child to spend time with both parents. You have to override that presumption by stating and proving that there is an unacceptable level of risk should the child be with the father, and that is why we're considering withholding or reducing time with the father.Read more about fathers' rights in Australia.You want to talk to a professional, legal advisor before making any decisions on the next steps to take. Do not take any drastic actions before doing so, as you may find yourself criticised by the family court and it may backfire on you. You could also be subject to a cost order. Speak to one of our family-friendly lawyers today:Justice Family LawyersMelbourne Family Lawyers

Grandparents and grandchildren have a very strong bond that needs to be maintained. The Australian courts recognise this and provide grandparents with an avenue to seek spending time with their grandchildren if that time is denied by a parent.As a grandparent, it's important to maintain some kind of connection with your grandchildren. The best ways to do this if you have been deprived of that connection are:- Contacting one of the parents, preferably your own child- Establishing some sort of ongoing relationship with that child either by an ongoing arrangement with the parent or by some kind of mediation- If neither of these things is possible or continues to be denied, the best course of action is to lodge an application with the Family Law Court of Australia.Original article:Grandparents Rights: How To See Your Grandchildren (justicefamilylawyers.com.au)Related articles:What is an ADVOWhat happens in an international divorce?------Whatever your plan, feel free to get in touch with us for more information, we have offices in Sydney and Melbourne. Our contact information and locations can be found below:Sydney CBDPhone: +612 808 93148Email: admin@justicefamilylawyers.com.auAddress: Level 2, 255 Castlereagh Street, Sydney, 2000Melbourne CBDPhone: +613 8609 0329 Email: admin@justicefamilylawyers.com.auAddress: Level 23, Tower 5, 727 Collins Street Melbourne 3008BarangarooPhone: +612 808 93148Email: admin@justicefamilylawyers.com.auAddress: Level 23, 300 Barangaroo Ave, Sydney, 2000

Can I stop my ex-partner from taking my child abroad? This is a common question, especially in an increasingly globalised world. One parent wants to take their child/children to another country without returning.This obviously causes a lot of concern, but what can you do to stop your partner from taking your child abroad? Firstly, you should seek legal advice from a professional family lawyer. They will advise you on how to obtain an airport watch list for your child. This means your child will not be able to travel outside of Australia without being checked. If consent is not found, either from the family court or from both parents, then that child will not be able to travel outside of Australian borders.Secondly, make it known that you do not agree, or you do agree with your child travelling overseasGot any more questions? Give us a call today or visit our website. https://justicefamilylawyers.com.au/Phone number:(02) 8089 3148See the full article here: Can I stop my ex-partner from taking my child abroad?

What is important to understand in situations of child relocation after a divorce, will it be seen as viable or not by the family court?What is in the best interests of the child after a divorce? This is the most important question the court asks after a divorce.However, for many reasons, people find themselves in the situation of wanting to spend time in another city after a divorce, and if you can provide reasons why this is in the best interest of the child, then the court will take this into account. For example, if you have additional support in another city or there might be better employment opportunities in another city, you can therefore provide better for your child.Each circumstance is different. Each relationship is different, and you're best-off speaking to a family lawyer before you make a decision to move.If your partner wants to move, you need to make your position clear as soon as possible, as soon as you get any indication that that parent wants to move with your child.Learn more about child relocation after divorce here.More about child custody:Can one parent stop another from seeing their child?

The Court has two primary considerations when determining what is in the best interests of the child.The first is the benefit to the child of having a meaningful relationship with both parentsThe second is the need to protect the child from psychological or physical harm from preventing exposure or subjection to abuse, neglect or family violenceThe Court places greater weight on the second consideration, being the necessity to protect the child from harm.Read more about the best interests of a child here: Best Interests Of The Child | Complete Guide (justicefamilylawyers.com.au)Most commonly asked questions about child custody:Can one parent stop another from seeing their child?

You can get a divorce in six easy steps.Step 1 – Proof of Marriage.Step 2 – Proof of Separation.Step 3 – Care of Children.Step 4 – Submit the application online.Step 5 – Serve application on ex-partner.Read more about how to get a divorce in Australia.For international divorce, read more about it here: https://justicefamilylawyers.com.au/going-to-court/what-happens-in-an-international-divorce/