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Child Custody & Child Support
Child Custody & Child Support
Child Custody is a term used to describe the legal process that determines the ongoing support, welfare and development of children after a relationship breaks down.
Child Custody law determines where the children will live and the share of custody between parties as well as ongoing financial support for the children.
It is important to note that too often, separated couples focus on arguing over the division of financial assets (such as property) and neglect to address what happens to the kids.
If you need assistance with your child custody legal matter, contact Watson & Watson's family lawyers now on 02 9221 6121.
In our opinion, too much emphasis is placed on financial concerns over the welfare of children when it comes to family law. If you want family lawyers who are focused on the best outcome for the client (not what is best for the lawyer), call Watson and Watson today on 02 9221 6121.
Child Custody & Child Support FAQs
Related Cases & Articles
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08/06/2020The current Coronavirus pandemic has had a dramatic and immediate effect on our way of life. Many people have in place parenting arrangements which may not be able to proceed and may make compliance with Court Order difficult or impossible to be carried out as they previously had. The new reality with Court Orders: When a Parenting Order has been made each person affected by the Order must comply with the Order. If the Orders are not being complied you should seek legal advice.Read more...
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01/06/2020Some parents can have the view that the child or children should be able to decide on parental responsibility, where and with whom the child lives and what time a child spends with a parent. Lawyers are told “the child wants to live with me” or he does not want to see his father. A child may not say the same things to both parents and parents may only hear what they want to hear or try to persuade a child to say what they want to hear. This is not how the Family Court of Australia or the Federal Circuit Court takes the views of a child into account.Read more...
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25/05/2020If you have been assessed for payment of child support you will have been assessed for payment of child support on the basis of your income. Australia now has nearly 1,000,000 unemployed where they have an obligation to pay child support pursuant to an assessment by the Child Support Agency or pursuant to a Binding Child Support Agreement.Read more...
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21/04/2020Parenting Orders are orders that deal with parental responsibility, where children live and what time they spend with each parent and other significant adults. Orders are made in relation to changeover, places and time, educational, medical issues, travel and many other specific issues.Read more...
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23/03/2020The Family Law Act requires parents who are in dispute in relation to children to make a genuine effort to resolve the dispute by participating in Family Dispute Resolution. The dispute resolution procedure must be attempted before any proceedings can be commenced in the Family Court or Federal Circuit Court. If an agreement can be reached the agreement is used as a basis for the Parenting Plan or Consent Orders that can be approved and made by the Family Court.Read more...
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12/11/2019Parenting cases in the Family Court of Australia and Federal Circuit Court are about children however the children are not the parties to the proceedings. The parties will be their parents. Children do not participate in the proceedings by having a lawyer to tell the Court what their position is and cannot (in almost all cases) attend Court to tell the Judge what their wishes are.Read more...
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20/05/2019In the early years following the introduction of the Family Law Act in 1975 the Act talked about children in terms of custody and contact with the parent who did not have custody of the children. Section 61DA of the Family Law Act provides that there is a presumption that it is in the best interest of the child that the child’s parents have equal shared parental responsibility for the child. This is a lofty phrase but what does this actual mean?Read more...
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24/04/2019A parent can be paying child support for children by way of informal agreement, pursuant to a Child Support Agreement or because they have been assessed for payment of child support by the Child Support Agency.Read more...
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27/12/2018In Family Law property divisions and parenting disputes it is often thought that the only method of resolving these disputes is to commence proceedings in the Family Court of Federal Circuit Court of Australia and get the Judge to decide.Read more...
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14/11/2018On 1 July 2018 the Federal Government introduced new rules in relation to the circumstances in which a Child Support Agreement can be ended. The purpose of the changes is to achieve fairness when there are changes in care arrangements. The obligations created by the operation of a Child Support Agreement can be reviewed if there are changes in the time a parent cares for the children.Read more...
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02/11/2018The Family Court of Australia and the Federal Circuit Court of Australia make Orders in relation to Property and Parenting Applications. Some parties can resolve their dispute by way of negotiation and consent. Consent Orders can be made to the Family Court or Federal Circuit Court.Read more...
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09/10/2018Parenting Applications are commenced in the Family Court of Australia or the Federal Circuit Court of Australia by the filing of an Initiating Application. In normal circumstances the parties will have attempted dispute resolution before an Application is filed in the Court and if Mediation has failed, the parties will have obtained a s60I Dispute Resolution Certificate.Read more...
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13/08/2018Watson & Watson act in relation to an Application for Return of Children and an Application to Prevent Unilateral Relocation. Our most recent matter was successfully concluded.Read more...
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19/07/2018Often during the course of property settlement, it is suggested by one or other of the parties that one way of resolving the matter would be to transfer some of the property available for division between the husband and wife to a child of the marriage or the relationship.Read more...
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26/06/2018Read more...
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19/06/2018In cases where there is an Administrative Assessment the Child Support Agency can collect child support from the payor (the person who is required to pay child support) and pay the money collected to the payee (the person who is to receive child support).Read more...
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22/03/2018In considering what Orders the Court (either the Family Court of Australia or the Federal Circuit Court) will make, the Court considers what is in the children’s best interest. The Court will do this by looking at the following primary (most important) and additional (other) considerations.Read more...
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20/03/2018Since 1989 the Child Support Agency has governed the calculation/assessment of child support in Australia. There are a number of factors which terminate the obligation of a parent to pay child support and these are called “terminating events”. One of the “terminating events” is the child reaching the age of 18 years.Read more...
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31/01/2018Since 1989 the Child Support Agency has determined the level of financial support for children who do not reside with both of their parents. When parents are separated, the parent with whom the children are residing may make an application to the Child Support Agency for assessment of the other parent’s obligation for payment of child support. This is an administrative assessment.Read more...
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13/11/2017Often when there is a breakdown of a marriage or a relationship and there are children to that relationship the parents of the children sometimes do not encourage or even allow the children of the relationship to see their grandparents and more particularly, the parents of the now estranged spouse or partner.Read more...
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18/10/2017The Assessment, payment and collection of Child Support in Australia is covered by the Child Support Assessment Act of 1988.Read more...
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15/10/2017The Bankruptcy Act 1966 provides a regime for management of the affairs of someone who becomes a Bankrupt. A person can become a Bankrupt when they cannot pay their debts as and when they fall due. This can be as a result of the presentation of a Creditor’s Petition by one of the entities to whom the debtor owes money or; a Debtor’s Petition filed by the person who is unable to pay his or her debt when it falls due. Both processes result in a person becoming a Bankrupt.Read more...
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31/05/2017The High Court in the recent case of Bondelmonte v Bondelmonte (decided in 2017) looked at the question as to the conflicting issues as to the child’s wishes and what is in the best interest of the child.Read more...
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11/05/2017In a recent decision by the Full Court of the Family Court (the Full Court) in Bangi and Belov (2017), a father’s appeal against a decision made by the trial Judge was allowed in circumstances where the Full Court decided that the trial Judge had given insufficient consideration to the mother’s conduct toward the child, namely, exposing the child to family violence.Read more...
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03/01/2017When parents are separated issues can arise in relation to overseas travel. A child under the age of 18 must have a passport to travel overseas. An Australian Passport can only be issued to a child (a person under the age of 18 years) if both parents of that child (or other persons with parental responsibility) give their consent to the issue of Passport by signing the Passport Application.Read more...
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10/11/2016In situations where parents have separated sometimes there are situations when at the end of the time children are spending with the parent (with whom they do not live) that parent does not return the children. There are also situations where a parent can simply relocate or attempt to relocate to a different area or State with the children without telling the other parent. This can be called child abduction.Read more...
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01/11/2016The Federal Court of Australia considered the basis of the calculation as to each parents’ percentage of care in an appeal from a determination of the Child Support Registrar. The percentage of care issue determines in part the child support payable. This particular case involved a dispute between a mother and father whose child attended Boarding School.Read more...
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07/07/2016If the parents of a child or children cannot agree to arrangements concerning the children, attending Mediation to work our contact arrangements for the children is the first step in attempting to establish fair contact arrangements for both parties. Mediation is meant to be a means for resolution but is sometimes viewed with trepidation by some parents.Read more...
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30/06/2016Watson and Watson acted on behalf of a Mother, Natasha in relation to parenting proceedings before the Federal Court of Australia in 2012 in which there was a significant dispute between Natasha and Mark the Father of the Children. The Court made Orders generally in accordance with the Orders that were sought by Natasha.Read more...
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23/06/2016Watson and Watson experienced Family Lawyers received instructions from Jenny who sought our advice as she wished to change the Parenting Orders that had been made by the Court following a fully contested Hearing in 2012. The Husband/Father opposed the changes which were sought by Jenny to the Parenting Orders.Read more...
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06/04/2016Watson and Watson received an enquiry from Jenny following separation from her Husband. The issues involved related to time that the Husband/Father spent with the children and secondly property settlement and spousal maintenance.Read more...
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23/02/2016Urgent action required if child taken by one parent without court order or agreement of parents.Read more...
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11/02/2016Watson & Watson in late December 2015/January 2016 received instructions in relation to recovery action for children taken by one parent without the consent of the other parent or Court Order. Some involved international removal and the Hague Convention. Others were more localised. At least two involved removal of the child without any prior warning.Read more...
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28/01/2016On many occasions enquiries are made and we act on behalf of parents of children who are involved in Family Court proceedings. It is a very difficult time for the whole family and a very difficult time for the children. The children at this very difficult time most often do not wish to disappoint either parent and will often say in discussions with a particular parent what they think that parent wishes to hear. This causes great stress for the children.Read more...
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02/11/2015The Family Court considered the principles required in making an Interim Order in the case of Eaby &Speelman [2015] FamCAFC 104 on 27 May 2015.Read more...
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01/10/2015An application was made by the father of two young children to be returned to Canada through the Central Authority pursuant to the Family Law (Child Abduction Convention) Regulations 1986.Read more...
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21/08/2015The Family Law Act 1975 empowers the Family Court of Australia or the Federal Circuit Court of Australia to make parenting Orders. Parenting Orders are Orders made in relation to a child or children (or variations, suspensions, revivals of earlier Court Orders) that deal with one or more of the following.Read more...
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17/08/2015David and Vanessa were in a de facto relationship for 12 years and then separated. They had a boy and a girl aged 11 and 9. David moved to Germany and Vanessa remained living in Sydney with the two children. David generally travelled to Australia twice a year and spent time with the children in Sydney and on holidays in Australia.Read more...
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14/08/2015Watson and Watson were consulted by Jennifer who had separated from her husband Paul 11 months earlier. Jennifer and Paul lived close to each other in separate houses. They had not been able to establish a pattern of living arrangements for the two children aged 9 and 11.The children attended the same school and both had weekend sporting commitments. Each week, and especially on weekends, disputes arose as to where the children would be living and what activities would take place.Read more...
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02/07/2015In cases decided under the Family Law Act the general principal is that the Court does not make an order that one party to the proceedings will pay the other party’s costs of the proceedings. Usually each party is to pay their own legal costs. However, there are exceptions to this general principal. Section 117 of the Family Law Act provides the circumstances in which the Court may order one party to pay the other party’s costs.Read more...
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18/06/2015Often a parent, grandparent or person who is concerned as to the welfare of the children who are caught up in the breakdown of the marriage of their parents approach Richard Watson or Dennis Grant for advice as to how best to protect the children. One of the main concerns is how the child or children involved will spend time with each of the parents and other important members of the extended family.Read more...
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12/06/2015Jennifer who had separated from her husband Paul 11 months earlier sought advice firstly from Richard Watson and from Dennis Grant as Jennifer and Paul had not been able to put in place an appropriate arrangement in relation to the children.Read more...
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13/04/2015Following separation the children of the relationship need financial provision. Generally the parent with whom the child or children live most of the time receives child support. The parent who has lesser time usually pays the child support. Child support is separate from spousal maintenance payable by the husband to the wife or the wife to the husband.Read more...
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06/04/2015Following separation the children of the relationship need financial provision. Generally the parent with whom the child or children live most of the time receives child support. The parent who has lesser time usually pays the child support. Child support is separate from spousal maintenance payable by the husband to the wife or the wife to the husband.Read more...
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30/03/2015William approached Watson & Watson and discussed his concerns with Dennis Grant. William’s wife Clare decided that she wished to leave Sydney where they lived as a family before separation to move back to Adelaide with her parents and other family members lived.Read more...
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Child Custody - Time Children Spend With Each Parent - Seek Advice at an Early Stage of the Break Up23/03/2015Brian approached Watson & Watson following separation from his wife, Cheryl, the mother of his two boys. Brian wanted to have the boys on every second weekend and during school holidays and on special occasions. Initially following the separation the boys spent time with Brian generally on this basis, however, on an ad hock basis.Read more...
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13/01/2015Following the separation of Sally and John, John wanted to ensure that Sally would not take the two children of the marriage back to England. John wanted to stay in Australia and to have a good relationship and significant time with the children.Read more...
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19/12/2014Mary sought advice from Watson & Watson as to whether she could change her son Stephen’s surname as she had remarried and had children with her second husband. The Federal Circuit Court of Australia (Family Court) can order that a child’s name can be changed in certain circumstances.Read more...
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19/07/2014Raising kids is an expensive business. And things can become even more expensive if you have been involved in a family breakdown.Read more...
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19/07/2014Where the Child Support Agency has made a determination in terms of the amount of contribution by the employed father/mother and in particular, the individual's circumstances have changed.Read more...
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19/07/2014Question:- A father who is required to pay child support, but believes the child is not his?Read more...
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25/05/2012Watson & Watson received instructions (February 2012) to act on behalf of the father who lived overseas whilst the children of the relationship lived with the mother in Australia. Our client wanted to be involved in the children’s lives however had for various reasons been excluded from the children’s lives. The mother made an application for sole parental responsibility even though she had in effect such.Read more...
Child Custody & Child Support Lawyers
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Dennis Grant - Senior Family Lawyer
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Richard Watson - Principal Family Lawyer
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