Family Law For Fathers

At Family Law for Fathers we offer a number of services to help you with:
> Your rights as a father
> Family court orders
> Spending time with your children
> Recovery or relocation orders
> Having a meaningful relationship with your children

Contact us today or visit our website for more information!
www.familylawforfathers.com.au

At Family Law for Fathers we are committed to helping children stay in touch with their father.
We dedicate our time to understanding what results you are after and help you understand what actions we can take on your behalf.

We will work with you every step of the way!
Call us now to book an appointment or visit our website www.familylawforfathers.com.au
Penrith - (02) 4724 9522
Canberra - (02) 6243 3607
South Coast - (02) 4472 1051

Family Law for Fathers understands children have a special bond with their father, and fathers have a right to see their children. We help fathers to understand their rights and keep in touch with their children!
For legal advice contact Family Law for Fathers or visit our website www.familylawforfathers.com.au

Penrith - (02) 4724 9522
Canberra - (02) 6243 3607
South Coast - (02) 4472 1051

The right lawyer makes all the difference Family Lawyers that are committed to helping fathers navigate and understand their rights to see and maintain close relationships with their children.

Family Law For Fathers updated their information in their About section.

Family Law For Father is proud to announce that we have branched out to help Dads in the ACT. Our new office is
Level 9, Nishi Building, 2 Phillip Law Street, New Acton, ACT 2601 Telephone: 02 6243 3607.

"I Can't thank the team enough for helping me spend more time with my kids" Matt R

Who has parental responsibility?
The Family Law Act states that birth parents are legally authorised to exercise parental responsibility without a court order.

Although other adults, such as step-parents, may be involved in the care and support of a child, only these parents, or those recognised as parents by the court, have the ultimate authority for making decisions about a child.

Your obligations continue until your child has turned 18 and don’t end with divorce or separation. The government and the court encourage both parents to share in the exercise of their parental responsibility for a child, even in the case of separation.

Your rights as a parent
As a parent you also have rights.

The law allows parents to bring up their children according to their own values and beliefs. Decisions such as religion, education, discipline, medical treatment, and where the child lives will not be interfered with unless there are good reasons or the child’s well-being is at risk - for example if there is abuse if the child is not receiving education or necessary medical treatments.

Working parents have the right to child-care services and to access information on payments and services for which they are eligible.

However, the concept of parents’ rights does not include the right to have custody or contact with your children, for example after separation. In situations where parental responsibility may be altered, the law requires the best interest of the child to be the paramount consideration.

Best interests of the child
When making decisions about children, what matters the most is that parents focus on what would be in the best interests of their child.
Most separated or divorced parents successfully agree on their own arrangements for the care of their children after joint discussions.
If parents can’t agree on arrangements for children after separation, specialist family mediation services can help parents come to a mutually agreeable decision or compromise.
If parents still can’t agree, a judge in a family law court will make a decision. The judge’s decision will be based on the best interests of the child in accordance with the Family Law Act.

Parenting time
To learn more about how often you should be seeing your children call Family Law For Fathers - 4724 9522 to make an appointment.

There are no hard and fast rules about making arrangements for which parent a child will live with or spend time with after their parents separate.

This used to be called making ‘custody’ or ‘contact’ arrangements. These terms are no longer used in Australian family law.

There is no rule that children must spend equal or "50:50" time with each parent. Although the Courts are recognising that in some cases this is the best option for the children to provide them with consistency and regularity, so that the kids always know when they are seeing each parent.

In most cases, it’s best that both parents discuss their child’s individual needs, and come to their own agreement about where a child will live, and how they will spend time with their parents.

There are all sorts of different ways that separated families can make sure that their children have ongoing relationships with both of their parents. If you and your former partner agree on the future arrangements for children, you do not have to go to court. You can make a parenting agreement or obtain ‘consent orders’ for parenting orders approved by a court.

www.familylawforfathers.com.au
Keeping children in touch with both of their parents.

One of the best things in life is to know you can change the family standards through time.

Co-parenting lets children experience the happiest moments of life, they truly deserve.

Children also struggle with Mental Health.
Talk to your kids - ask if they're ok. Watch this video below and learn how you can help your children.
https://www.youtube.com/watch?v=DxIDKZHW3-E&feature=youtu.be

Visit www.familylawforfathers.com.au

50% OFF First Consultation Was $350, now $175 + GST Call (02) 4724 9522

Know your rights as a father.
Know where to get the best support
Make an appointment to see a Lawyer at Family Law For Fathers.
02 4724 9522
https://www.familyrelationships.gov.au/parenting/children-family-law

It’s hard I know - but wouldn’t it be great.

https://www.facebook.com/1885686541664552/posts/2869219756644554/?d=n

Are you responding or reacting to your ex?
Check this co-parenting tip and know the difference.

Small things does matter.

"...the benefit to the child of having a meaningful relationship with both of the child’s parents"

When a mother told the child's father she was moving away see why the Court granted the father care of the child.

Visit www.familylawforfathers.com.au or call (02) 4724 9522 for an appointment.

In CHAMBERS & HEEREN [2019] FCCA 123 before Judge McNabb ordered that the child live with the father.

In his judgement he stated that he must consider s 60CC(2)(a) – the primary considerations are: (a) the benefit to the child of having a meaningful relationship with both of the child’s parents. He then said,

"I note that the mother has acted impulsively in the past, having moved many times which cannot be to the benefit of her children. I do not consider this to have been in [X]’s best interest, as she clearly needs stability as she has started school."

"It is also clear that the father offers a stable and loving household that will be able to provide the child with the stability she needs."

"I do not accept that it is in the best interests of the child for her to spend equal time with each parent. The parents lack any ability to cooperate and their inability to communicate effectively means that equal shared time is likely to be attended with significant conflict. This will not be in the best interests of the child."

For full reasoning for judgement see

CHAMBERS & HEEREN [2019] FCCA 1230 in

https://jade.io/t/home

Family Law For Fathers .com.au Family Lawyers that are committed to helping fathers navigate and understand their rights to see and maintain close relationships with their children.

I have just read an article - see link at the bottom - which I thought had some very good points. These are the take-home messages I got from the article. I added my own point 10 because I think this is very important.

See www.familylawforfathers.com.au or call (02) 4724 9522 to make an appointment.

10 Ways to Strengthen Your Father-Son Relationship

The father-son relationship can be complex. Fathers and sons with widely different interests can find it hard to relate to one another. Sometimes, dads and sons feel competitive against one another. Sometimes communication issues are compounded as both want a better father-son relationship but neither one quite knows how to go about it.

There are many things you can do to develop a strong bond with your son. Below are 10 ways to make your relationship stronger.

1. Recognise that sons are influenced by their fathers. Whether we know it or not, our sons learn about being a man primarily by watching their fathers.

2. Develop common interests. This will allow you to maximize your time together and spend time together doing something you both enjoy, and your relationship will grow.

3. Don't be afraid of a little boisterous play. Most boys, especially when they are young, love anything active and rough. A little wrestling in the backyard can go a long way. It seems like for many boys, this little bit of wild behaviour is a bonding experience.

4. Get involved in father-son activities. Get involved in an activity together—or try a new activity together that you can both be involved in. These structured experiences create opportunities to grow closer.

5. Take on a big project. There is something magical to a boy about being involved in something bigger than himself. But these big, visible projects can help strengthen a father and son bond.

6. Listen to your sons. Men seem in general to struggle with effective communication. Listening to your child without judgment and without trying to fix things too soon will go a long way to building a lasting relationship. (See Point 1).

7. Don't be afraid of the big talk. Take the time to teach your sons about s*x and relationships. Being open to having these conversations will help your sons develop better attitudes about s*x and romantic partners in general. (See Point 1.)

8. Focus on the positives. Our children are bombarded with negative messages all around them. Just watching commercials on television will create a sense of inadequacy in our sons. As fathers, we need to catch them doing things right and communicate our approval.

9. Make one-on-one time. We need to make time for individual relationships with each child. So, make sure that you program some one on one time with your sons.

10. Always let your child know you are there for them – always. Even if they indicate that this is not important to your child – it is. Your child may not know it now or straight away, but they will remember that you showed them that you were always there for them.

How Fathers Can Strengthen the Relationships With Their Sons Many fathers and sons struggle to stay close during the growing-up years. These ideas will help develop a strong father-son relationship.

Family Law for Fathers is committed to helping fathers to stay in touch with their kids.
See www.familylawforfathers.com.au or call (02) 4724 9522

The Family Law Act is clear that children have a right to have a 'meaningful relationship with both of their parents.

Best Interest of the Child
The best interests of children and young people are central to the design and operation of the Family Law Act 1975 and section 60CA of the FLA requires the court to regard the 'best interests of the child' as the paramount consideration when it comes to Parenting Orders.

The legislation provides some guidance to the courts when determining the best interests of the child or young person, with the court required to consider two primary considerations;

1. the benefit to the child of having a meaningful relationship with both parents (s 60CC(2)(a))

2. and the need to protect the child from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect, or family violence (s 60CC(2)(b)).

Paul Mannion will help you to ensure that the Court is able to focus on ensuring that it is right and just for the child to maintain a relationship with their father.

Call to make an appointment to see Paul on (02) 4724 9522

www.familylawforfathewrs.com.au

Family Law For Fathers updated their website address.

Application for Parenting Orders
Section 65C of the FLA (in Western Australia, FCA s 88) provides:
A parenting order in relation to a child may be applied for by:
(a) either or both of the child’s parents; or
(b) the child; or
(ba) a grandparent of the child; or
(c) (c) any other person concerned with the care, welfare or development of the child.

Parenting orders
Upon application by:
 either or both of the child’s parents
 the child
 a grandparent of the child
 any other person concerned with the care, welfare or development of the child,
a court may make such a parenting order as it thinks proper.
The Family Law Amendment Act 2000 made specific provision for grandparents to make applications where previously their power to bring applications came under the head of any other person. This legislative change recognised the increasing number of applications for parenting orders made by grandparents. The subsequent inclusion of express references to grandparents and other relatives (see s 60B) reinforces this recognition of extended family as significant to the development and care of children.
In addition to the legislation, case law has supported care by grandparents as being in the child’s best interests. In the case of Kay & Jasper and Ors [2007] FamCA 1646, the Family Court ordered that the children live with the grandparents and spend time with the mother (who was too ill to care for them) and the father/s and also granted equal shared parental responsibility to the mother, father/s and the maternal grandmother.
Presumption of equal shared parental responsibility
When making a parenting order, except in cases of abuse or family violence, the court
must apply a presumption that it is in the best interests of the child for their parents to
have equal shared parental responsibility for the child: FLA s 61DA(1) (in Western
Australia, FCA s 70A).
Interestingly, although a wide category of persons including grandparents can apply for parenting orders (s 64B(2)), the presumption is expressly stated to apply only to the parents of a child. Also, as the presumption applies in all cases where parenting orders are to be made, it is not necessary for either party to have actually sought an order for equal shared parental responsibility for the court to make an order to that effect – see the decision in Goode v Goode (2006) 206 FLR 212; 36 Fam LR 422; [2006] FamCA 1346; (2006) FLC ¶93-286. This is the case whether orders are sought on an interim or final basis as the making of a parenting order triggers the presumption.

Additional considerations are set out in FLA s 60CC(3):

(a) any views expressed by the child and any factors (such as the child’s maturity or level of
understanding) that the court thinks are relevant to the weight it should give to the child’s
views;

(b) the nature of the relationship of the child with:
(i) each of the child’s parents; and
(ii) other persons (including any grandparent or other relative of the child);

(d) the likely effect of any changes in the child’s circumstances, including the likely effect on
the child of any separation from:
(i) either of his or her parents; or
(ii) any other child, or other person (including any grandparent or other relative of the
child), with whom he or she has been living;

(f) the capacity of:
(i) each of the child’s parents; and
(ii) any other person (including any grandparent or other relative of the child);
to provide for the needs of the child, including emotional and intellectual needs;

Effect of change in circumstances
Section 60CC(d) requires the court to consider “the likely effect of any change in the child's circumstances” when determining the best interests of the child. In particular, the court must consider the likely effect on the child of any separation from
(i) either of his or her parents; or
(ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living”. The reference to grandparents and other relatives is new.

Domestic Violence
An Australian study has revealed that victims of domestic and family violence are 10 times more likely than others to experience myriad legal problems such as family, civil and criminal law disputes.

People who reported suffering domestic violence had faced, on average, 20 legal problems in the past year – compared to just two for the rest of the population. The odds that victims of domestic violence would encounter family law problems like custody battles, divorce, and disputes over assets were a dramatic 16 times higher than for non-victims. Victims were also at least three times more likely to experience civil disputes related to employment, financial, government payments, health, housing, personal injury and rights issues.
Domestic and family violence can affect anyone in our community regardless of age, gender, wealth or cultural background. The difficulty with such a widespread issue like domestic and family violence is defining it, assessing its effect, identifying how to appropriately respond and, how to do so within the confines of the law.

Presumption
• Shared Care
• Child to have a meaningful relationship with both parents.

Exemption from section 60I certificate (Family Dispute Resolution).

Section 4AB states:
1. For the purposes of this Act, family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.
2. Examples of behaviour that may constitute family violence include (but are not limited to):
a. an assault, or
g. unreasonably denying the family member the financial autonomy that he or she would otherwise have had, or
h. unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support, or
i. preventing the family member from making or keeping connections with his or her family, friends or culture, or
3. For the purposes of this Act, a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.

4. Examples of situations that may constitute a child being exposed to family violence include (but are not limited to) the child:
a. overhearing threats of death or personal injury by a member of the child’s family towards another member of the child’s family, or
b. seeing or hearing an assault of a member of the child’s family by another member of the child’s family, or
c. comforting or providing assistance to a member of the child’s family who has been assaulted by another member of the child’s family, or
d. cleaning up a site after a member of the child’s family has intentionally damaged property of another member of the child’s family, or
e. being present when police or ambulance officers attend an incident involving the assault of a member of the child’s family by another member of the child’s family.

Different types of family violence
Family violence takes many forms. .there are four categories. These are:
• coercive controlling violence
• violent resistance
• situational couple violence, and
• separation instigated violence.
Coercive controlling violence is an ongoing pattern of use of threat, force, emotional abuse and other coercive means to unilaterally dominate a person and induce fear, submission and compliance in them. Its focus is on control, and does not always involve physical harm.

Violent resistance occurs when a partner uses violence as a defence in response to abuse by a partner. It is an immediate reaction to an assault and is primarily intended to protect oneself or others from injury.

Situational couple violence is partner violence that does not have its basis in the dynamic of power and control. Generally, situational couple violence results from situations or disputes between partners that escalates into physical violence.
Separation instigated violence is violence instigated by the separation where there was no history of violence in the relationship or in other contexts.

PRESUMPTION OF EQUAL SHARED PARENTAL RESPONSIBILITY
Court applies presumption when making a parenting order When making such an order “the court must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child”: s 61DA(1).

This presumption relates solely to the allocation of parental responsibility. It is not a presumption about the amount of time a child is to spend with each parent (the section’s own notation).

Where presumption does not apply The presumption does not apply if there are reasonable grounds to believe that a parent (or person who lives with a parent) has engaged in:
(a) abuse of the chid or another child who, at the time, was a member of the parent’s family (or that other person’s family); or
(b) family violence: s 61DA(2) For the presumption not to apply in interim proceedings, there must be circumstances in which the court considers it would not be appropriate to apply the presumption: s 61DA(3) “The presumption may be rebutted by evidence that satisfies the court that it would not be in the best interests of the child for the…parents to have equal shared parental responsibility…”: s 61DA(4)

The Goode outcome
At the re-hearing (Goode (No. 2) [2007] FamCA 315 at [61]–[63]), Ryan J ruled that the presumption did not apply – because the “detailed account” of the alleged violence, which did “not appear inherently incredible”, was enough for reasonable grounds to exist under s 61DA(2) – but then said this:
“…However, this is not the end of the issue concerning whether or not the Court should make an order that the parties equally share parental responsibility for the children. There is no dispute that [he] has been intimately involved in decisions concerning the children’s education, religion, extra-curricular activities and actively involved in their day to day care. Post separation he has discussed and compromised arrangements concerning school holiday arrangements and has sought to discuss a number of long-term parenting issues. ( … ) [Despite the mother’s] concerns about the parties’ inability to communicate effectively concerning the children…it is plain that the parties have explored and compromised significant issues…Although it may have been tedious…for her, perhaps also the father, the children’s interests require that they continue to make the effort to discuss and agree on matters concerning the children’s long-term care. From the children’s perspective, I can only see good will come from their parents jointly exercising parental responsibility. In this case I do not see any obvious detriments flowing from an interim equal shared parental responsibility order …”

It was noted that Despite alleged past family violence, there are no allegations of violence since separation (Ryan J in Goode (No. 2) above at [34] and [61]).
Alternatively in the matter R & R the court stated that
Where there was evidence of family violence by other parent and where a parent or child reasonably fears for their personal wellbeing or safety are serious issues. The parent’s “concerns are not trivial, nor obviously manufactured or exaggerated…nor can they easily be dismissed…(There is evidence of) a significant level of dysfunction in the parental relationship between the parties” (R & R above). Shared parental responsibility cannot be in the child’s best interest.

Family Dispute Resolution.
Family Dispute resolution is one of the various different types of Alternative Dispute Resolution that
can be used to attempt to resolve matters involving family law matters.
These include the following:
• Counselling
• Settlement or Round Table Conferences
• Conciliation
• Mediation
• Arbitration
• Collaboration

There are at present considerable delays in separating couples having their matters resolved
in the Family Courts in Australia. The two courts that deal with family law matters being the
Federal Circuit Court of Australia (FCC) and the Family Court of Australia (FCA) are both
inundated with cases and the delays in dealing with those cases are considerable.

As a result, there are considerable delays in getting matters heard in the courts. From my own
experience the current delays in the Federal Circuit court in having a matter heard is at least
18 months. There are similar delays in the Family Court. The delays have led to more separating
couples using Alternative Dispute Resolution to attempt to finalise their family law issues.

Before you apply to the Court for a parenting order, including those seeking changes to an existing parenting order, you need to attend Family Dispute Resolution (FDR) and obtain a certificate from a registered FDR provider.

There are some exceptions to this requirement, such as cases involving family violence, child abuse, or urgency.


Family Dispute Resolution (FDR) is a form of mediation that normally takes place without lawyers being present. Section 60I of the FLA provides that it is compulsory for parties to attend FDR and make a ‘genuine effort to resolve the dispute’ before being eligible to commence court proceedings. FDR is defined in s 10F of the FLA as a process in which a FDR practitioner helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other and who is independent of the parties. Parties can pay to attend upon a private FDR practitioner or attend upon their local Family Relationships Centre for free or heavily-subsidised mediation, provided by the Australian Government.

Parties can either directly approach a FDR practitioner or be referred to one by their solicitors. Both parties independently attend an intake session with the FDR practitioner, before both attending the mediation.

During the mediation, the mediator assists the parties to arrive at a mutually acceptable outcome. Th e mediator will write down any settlement reached during the mediation. Th ese documents may be used as parenting plans between the parties (provided that both parties sign the plan), or the parties may decide to hand these documents over to their solicitors with the aim of formalising them by way of Consent Orders.

If the mediation is unsuccessful, the FDR practitioner may issue a s 60I Certificate, which allows either party to file a court application seeking parenting orders.

Who are the practitioners?
FDR practitioners are usually experienced in dispute resolution and many qualified mediators and family lawyers are also FDR practitioners. An FDR practitioner is defined in s 10G of the FLA as:
• a person who is accredited as a family dispute resolution practitioner under the Accreditation Rules; or
• a person who is authorised to act on behalf of an organisation designated by the Minister for the purposes of this paragraph; or
• a person who is authorised to act under section 38BD, or engaged under subsection 38R(1A), as a family dispute resolution practitioner; or
• a person who is authorised to act under section 93D of the Federal Circuit Court of Australia Act 1999, or engaged under subsection 115(1A) of that Act, as a family dispute resolution practitioner; or
• a person who is authorised by a Family Court of a State to act as a family dispute resolution practitioner.

Best Interest of the Child
The best interests of children and young people are central to the design and operation of the Family Law Act 1975 and section 60CA of the FLA requires the court to regard the 'best interests of the child' as the paramount consideration when making when it comes to Parenting Orders.
So the legislative provides some guidance to the courts when determining the best interests of the child or young person, with the court required to consider two primary considerations;
1. the benefit to the child of having a meaningful relationship with both parents (s 60CC(2)(a))

2. and the need to protect the child from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence (s 60CC(2)(b)).
Where these considerations are in conflict in a given situation, the protection from harm consideration in s 60CC(2)(b) is to be prioritised over the meaningful relationship consideration (s 60CC(2A)).
Regard is also to be given to the additional considerations outlined in s 60CC(3) these include things such as;
a) any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views;

b) the nature of the relationship of the child with:
(i) each of the child's parents; and
(ii) other persons (including any grandparent or other relative of the child);

c) the extent to which each of the child's parents has taken, or failed to take, the opportunity:
(i) to participate in making decisions about major long-term issues in relation to the child; and
(ii) to spend time with the child; and
(iii) to communicate with the child;

(ca) the extent to which each of the child's parents has fulfilled, or failed to fulfil, the parent's obligations to maintain the child;

d) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:
(i) either of his or her parents; or
(ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;

Family Reports
A family consultant may be directed under s 62G(2) to give the court a report on matters relevant to a child’s best interests.

A child’s views may also be placed before the court through the child’s ICL. (Independent Children’s Lawyer)

A Family Report is a document written by a family consultant appointed by the Court. It provides an independent assessment of the issues in the case and can help the judge hearing the case to make decisions about arrangements for the child/ren. It may also help the parties reach an agreement.

In preparing the report, the family consultant considers the family’s circumstances, explores issues relevant to the case and recommends arrangements that will best meet the child/ren’s future care, welfare and developmental needs. The best interests of the child/ren are the main focus of the report.