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Parenting FAQs

Date: March 22, 2008

Authors: LAC Lawyers

I have been divorced from my former husband for over seven years and although I am in employment he has been on the dole throughout and has a history of violence. Recently he approached me and suggested that as he was now in a stable relationship he would like to have contact with our son. What should I do?

What effect with the new changes in the family law system have on children?

What impact will the new changes have on parents?

Is it true that these new family law changes mainly focus on children?

What are the responsibilities of parents in this regard?

Do these reforms mean that children will spent equal amounts of time with each parent?

How do parenting plans and parenting orders sit with each other?

How will the courts determine how much time the child spends with each parent?

When will these changes which focus on cooperatively resolving disputes come into operation?

How does the court system accommodate these changes?

What will happen where there has been a breach of parenting orders?

What will happen where parents fail to fulfil their responsibilities?

At what stage will this disputes resolution mechanism come into play?

Will it be compulsory for separating couples to attend a family relationship centre?

What does the court bear in mind when considering what is in the best interests of the child?

Are there any other considerations which are taken into account?

Are children entitled to independent legal advice where a matter proceeds to court?

What is a parenting plan?

Can a parenting plan be changed at any time?

Will the court have any regard to parenting plans if they are not legally enforceable?

Where a court has made a parenting order with respect to parenting arrangements can the parents change it without having to go back to court?

Will family disputes resolution apply in all cases?

How does the court know that compulsory family disputes resolution has already taken place?

How will family violence and child abuse be dealt with under the current changes?

Where parties to a marriage/relationship have separated and there are children of the relationship, does the parent with whom the child does not reside have a responsibility to maintain these children financially?

Who can apply for child maintenance?

Can a child support assessment by the Child Support Agency be changed?

If a parent paying child support through the Child Support Agency has recently lost their job. What can they do?

Can a parent with whom the children do not live be ordered to pay child maintenance once the children turn 18?

Can a lesbian co-mother or a gay co-father seek parenting orders in relation to a child?

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