Questions about moving and relocation – Children and Divorce Series

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  • Questions about moving and relocation – Children and Divorce Series

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    Going through a divorce is a particularly taxing time on families, especially for children. It can take time for new routines to be established so that both children and adults feel comfortable with different lifestyles as well as new roles and responsibilities. However, even after the divorce is settled, further complications can arise that can put additional strain on family relationships. One example is when one parent makes the decision to relocate to another city or even overseas. In this next instalment of our Children and Divorce Series, we look at the obligations of relocation and some of the legal [...]

  • Talking to your child about divorce – Children and Divorce Series

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    Going through a divorce is a particularly trying and challenging time for families and often times it can be even more difficult for children than for the adults. Children often feel like they have no control over the situation or they may even mistakenly believe that they are somehow responsible for their parents’ decision. In this blog post series, we’ll look at children and divorce and some of the legal issues at hand, such as matters of relocation and co-parenting. This first instalment examines how parents can communicate with their children about divorce.   How to talk to your children [...]

  • New guidelines discourage shared parenting for children under 2

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    Guidelines recently released by the national infant welfare group ‘Australian Association for Infant Mental Health’ recommend that separated parents should not share custody of children under the age of 2. The guidelines, which aim to protect “the very young child’s sense of comfort and security”, advise that overnight stays with a non-custodial parent should be avoided. ‘Non-custodial’ parents are advised to restrict time spent with their infants to daylight hours until they reach the age of 2 – at which stage overnight stays can be phased in. The guidelines are based on a study of the separated parents of 258 [...]

  • What you need to know about: PARENTING ARRANGEMENTS

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    This is part of an information series to provide simple, easy-to-understand guidance for dealing with family law matters when a relationship breaks down. For more information or the help of a specialist family lawyer, please contact Watts McCray Family Law. The most important thing to know about parenting arrangements is that by law, decisions should always made in the best interest of the child. If a couple cannot agree on where the child will live and how much time will be spent with both parents, the Court will make decisions that ensure the child’s wellbeing. What are my responsibilities as [...]

  • New child abduction laws to put-off fleeing parents

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    The Federal Government has announced new measures to prevent parents from fleeing overseas with their children during Family Law disputes. According to the Family Law Council, it is illegal to take a child overseas without the consent of the other parent but it is not illegal to keep a child overseas when the child is taken abroad with consent for a holiday or other reasons. The government’s new measures address this loophole through which parents are effectively abducting their children. Under new laws that are expected to be introduced into parliament next year, such abductions will be a criminal offense [...]

  • Is a declining marriage rate to blame for the neglect of children?

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    A recent report by Professor Patrick Parkinson, a law professor at The University of Sydney and Special Counsel at Watts McCray Lawyers, says that plunging Australian marriage rates are having a detrimental effect on the wellbeing of Australian children. Titled “For Kids’ Sake – Repairing the Social Environment for Australian Children and Young People” and commissioned by the Australian Christian Lobby, the report was presented to Federal Parliament last week as part of National Child Protection Week. The research based report attributes increased rates of child abuse and neglect, children being placed in foster care and rising teenage mental health [...]

  • Debate continues over proposed changes to the Family Law Act

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    In late 2010, proposed changes to the Family Law Act were presented to the Federal Government. The changes, designed to provide better protection for families and children at risk of violence, remain before the parliament. The proposed changes include a new definition of family violence with a list of examples of the kind of behaviour that might fall into that definition, along with a revised definition of abuse.   They are also aimed at removing the barriers that might stop parents raising safety concerns for their children in court, and reducing the weight placed on shared parenting. If passed, the changes [...]

  • Should judges receive evidence direct from children? The debate

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    Recently, Watts McCray hosted the 12th Australian Family Lawyers Conference in Singapore, where family lawyers met to discuss a range of key topics, current issues and the latest advances in Family Law. Of the topics covered was the debate over whether judges should receive evidence and talk directly with children when determining parenting arrangements and other orders. Family Court Judge Robert Benjamin delivered his paper, “Judge receiving evidence direct from children,” to kick off conversation around this issue. The matter of whether judges should speak directly with children came into question when changes were made to the provisions of the [...]

  • Man closes Sydney Harbour Bridge to get his message across – “Plz help my kids”

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    A Sydney father went to desperate measures this morning to protest against the rights of children and fathers when parents separate and divorce. The man – “Mick”, 38 – climbed to the top of the Sydney Harbour Bridge at 5am this morning using ropes to climb the arch. Once at the top, he hung two banners, reading “Kids First” and “Plz Help My Kids”. From the top of the bridge on his mobile phone, the man spoke to different members of the media. He told the Nine Network: “If I have to stuff 4 million people around for one morning [...]

  • Division over proposed changes to the Family Law Act

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    Proposed changes to the Family Law Act have been introduced into Parliament for consideration, that focus on the best interests and safety of the child. The government released the draft changes in November 2010, stating that the changes were designed to provide better protection for families and children at risk of violence. The proposed changes to the Family Law Act include a new definition of family violence with a list of examples of the kind of behaviour that might fall into that definition, along with a revised definition of abuse.   At the core of the family violence definition is a [...]

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