What if we Disagree on whether our Child Should be Vaccinated?

The issue of vaccination has become live again in the Family Courts in the context of children now being eligible to receive vaccination for COVID-19 and some parties having strong opposing positions on the same. The question of whether a child should be vaccinated is governed by the same principles and law that dictates most […]

Relocation following divorce: Can I move away with my child?

The Family Law Act 1975 requires parents to attempt to reach agreement on all major issues affecting a child including changes to living arrangements such as moving with your child to another city, state or country. If your child primarily lives with you and you wish to relocate you may be able to reach agreement […]

Equal Shared Parental Responsibility

Both parents have parental responsibility for a child until that child turns 18. Parental responsibility is defined in the Family Law Act 1975 (“The Act”) to mean “all the duties, powers, responsibilities and authority that, by law, parents have in relation to children”. Under Section 61DA of The Act there is presumption that it is […]

What is an Independent Children’s Lawyer?

Independent Children’s Lawyers (ICLs) are specialised legal practitioners who are appointed in some family law matters to represent children’s interests. This means that they look at all the evidence in the case and tell the court what they think is in the best interests of children. The ICL is not your child’s lawyer and whilst […]

Determining the Best Interests for your Child

happy child on the northern beaches

When looking at future parenting arrangements following the separation of parents, it is the best interests of the child or children that is the paramount consideration. Whether parenting arrangements are being discussed or determined through mediation, negotiation, collaborative law or court proceedings, the best interests of the child or children is always the primary focus.