Resolving parenting matters involving Child Support and Child Custody can often be the most difficult aspect of a separation or divorce. The laws around parenting matters in Australia are highly complex, adding stress and uncertainty on top of an already emotionally traumatic experience for parents and children alike. Mediation is now compulsory in parenting matters. Parties must attempt mediation before they can commence court proceedings, with exceptions in circumstances of urgency and/or family violence.
Wherever possible, parents should try to resolve parenting matters outside of court, to minimise the expense and stress for everyone involved and ensure the matter is dealt with as quickly as possible. Parents looking for guidance on their obligations or entitlements, or legal advice on how to best arrange fair and legally binding support and custody solutions for their children should seek an experienced family law solicitor.
Under Australian Family Law, all parents must contribute to financially supporting their child(ren). A parent must contribute to the costs of raising their child regardless of the type of relationship they had with their ex-partner (married, de facto, or no relationship).
It may be necessary to seek legal advice in relation to an assessment of child support made by the Child Support Agency (CSA). Whether you’re the payee or the payer, it is not uncommon for parents to dispute the level of child support assessed and/or the manner in which the assessment has been calculated.
For parents looking to reach their own child support agreement, our expert legal team offers experienced and measured legal guidance and representation in the mediation and/or negotiation process. We will ensure you understand your obligations or entitlements and once all parties are satisfied, ensure the document becomes legally binding and enforceable by law.
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If the matter remains unresolved after mediation is attempted, the Mediator will issue a section 60 I certificate. This is a certificate referred to in section 60 I of the Family Law Act, 1975. The issue of the certificate then allows a party to commence court action to obtain parenting orders.
Parenting court proceedings may take up to two (2) years (sometimes more) to be determined by the court on a final basis. Parties are encouraged throughout the process to reach an agreement to ensure their children’s best interests are served and the impact of the court process and parents conflict is lessened as much as possible.
Care and protection relates to proceedings before the Children’s Court NSW regarding the Children and Young Persons, (Care and Protection) Act 1998.
Where a parent(s) is deemed unable to look after their children themselves or provide adequate care and protection for their children, the Department of Family and Community Services (FACS) may intervene to remove the children from the parent or parents care.
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