Parenting
matters
The most important issue for separated parents is to ensure that the future parenting arrangements for their children are in the children’s best interests and are reasonably practical.
Parenting issues can be resolved in two ways:
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By the parties reaching agreement about the arrangements for the children and parental responsibilities (either before or after dispute resolution) and signing Consent Orders which are then approved by the Court; or
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If the parties are unable to reach agreement, the Court will determine orders about the arrangements for the child and parental responsibilities.
Frequently Asked Questions
When a Court makes an order for parenting matters, the primary consideration is what is in the best interest of the child. The Family Law Act provides that where possible parents should have Equal Shared Parental Responsibility for the children, meaning:
Both parents are responsible for the care and welfare of the children;
Arrangements for parental responsibilities (such as educational and medical decisions) should be shared by the parties.
Separation, divorce or remarriage do not change these responsibilities of the parents.
In determining what is in the child/children’s best interests, the main considerations are:
The benefit of the child having a meaningful relationship with both parents; and
The need to protect the children from any risk of harm (either physical or psychological) and Courts regard this as the most important thing to consider.
The Family Law Act sets out a number of other matters that are taken into account if relevant to your family’s situation:
Any views expressed by the child (depending on their maturity and level of understanding);
The nature of the child’s relationship with each parent and other people (including grandparents and other relatives);
The willingness of the parents to encourage and facilitate a relationship between the child and other parent;
Any likely effect on the child because of changed circumstances;
Any practical difficulty and expense of the child spending time with and/or communicating with a parent;
The parent’s ability to provide for the child’s needs;
The maturity, sex, lifestyle and background of the child and parents;
The right of the child to enjoy his/her culture;
The attitude of both parents to the child and responsibilities of parenting;
Any family violence and family violence orders that apply to the child or a member of the child’s family.
Before you can file proceedings in Court for parenting matters the Family Law Act requires parents to attempt family dispute resolution. This is designed to keep you out of Court if you can reach agreement yourselves.
Details about the court procedures and requirements for dispute resolution are contained in the Compulsory Family Dispute Resolution Fact Sheet contained on the Family Court website.
Places such as Relationships Australia and the Family Relationships Centre offer dispute resolution services for parents wanting to resolve parenting disputes.
If you are unable to reach agreement at the dispute resolution, the practitioner will provide you with a certificate (60I Certificate) to allow you to commence proceedings in Court.
You are not required to attempt dispute resolution if there is an urgent reason to commence proceedings (such as one party leaving town with the child, or a serious risk to the child or there has been violence in your relationship), you can apply to the Court to commence proceedings without the requirement of a dispute resolution certificate.
Parenting after the breakdown of your relationship takes effort and there are services available to help you work towards a better future for your children.
Services that provide support include:
support
Child
Child support can be a difficult issue and can sometimes place a strain on the ongoing parenting relationship for separated parents.
Understanding the process can help to ease the stress and confusion surrounding this issue.
The Act recognises that there are many different types of relationships that may require an order to be made so as to put in place some protection for the parties.
The definition of “domestic relationships” has been expanded so that more people have access to Protection Orders. This includes:
spouse relationships – married or defacto couples, divorcees, same sex couples or parents of a child;
Intimate personal relationships – engaged couples, people who have dated and whose lives have become enmeshed.
Family relationships – relatives (including a person who is reasonably regarded as a relative) and the relatives of a defacto partner.
Informal care relationships – this covers situations where a person provides care on an informal basis and without pay.
These definitions are broad and are designed to apply to more people giving protection against further domestic violence.
The Child Support Agency assesses the amount of child support payable according to a formula. The two main factors considered in the assessment are the income of each parent and the care arrangements for the children.
The new definition of domestic violence is deliberately broad and has been updated to include a modern understanding of violence. As well as violent or threatening behaviour it also includes an ongoing pattern of abusive behaviour, motivated by a desire to dominate, control, oppress and cause fear to the other person.
The legislation is designed to give protection to Queenslanders living in domestic relationships.
Yes you can. You will need to lodge an objection with the Agency and provide information to support your objection. A Review Officer will then undertake an internal review, and contact both parents before making a decision about whether to vary the assessment or not.
If you are still not satisfied with the decision, there is the option to apply to the Social Security Appeals Tribunal (SSAT) of the Court for a further review or variation of your assessment. However, the grounds for such an appeal are limited and there are time frames for bringing the application. You should seek legal advice about this quickly, so that you have time to appeal.
Under the new laws there is no longer a requirement that further acts of violence are likely to occur or that a threat is likely to be carried out.
The new laws provide that a protection order may be made if the court is satisfied that:
A domestic relationship exists between the aggrieved and the respondent; and
There has been an act of domestic violence committed by the respondent; and
The protection order is necessary or desirable to protect the aggrieved from domestic violence.
If you and the other parent wish the children to attend a private school, you may be able to seek an increase in the amount of child support you receive to cover a share of the school fees. Alternatively, if you are paying the school fees as well as the assessed child support, you may be able to have these fees taken into account in the Agency’s assessment.
The issuing of a Protection Order or DVO does not mean the person has a criminal record. It is a civil process that enables a person affected by domestic or family violence to apply for protection independently of the Police. It is only if there is a breach of the terms of the Protection Order, that becomes a criminal matter which will be dealt with by the Courts.
Parents can reach agreement themselves about the appropriate amount of child support that suits their circumstances. They can choose to enter into an Agreement about this. There are legal requirements that need to be satisfied when entering into a Child Support Agreement, so you should seek legal advice about your specific situation before deciding what to do.
Child Support can have the effect of igniting issues between separated parents, however understanding the system and knowing where you stand may assist separated parents to get on with the job of being parents.
You can access the Child Support Agency website.
To estimate a child support payment, visit here.