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International Surrogacy and Legal Aspects

Commercial surrogacy is not recognised as legal in Australia. There are other countries where commercial surrogacy is legal. And sometimes Australian couple, opt for such surrogacy method for starting a family. International surrogacy is a complex web of legal issues such as parental responsibility, citizenship, immigration etc. A family lawyer who specialises in international surrogacy should be consulted for understanding what measures to be taken in your circumstance and legal procedures. Victorian Assisted Reproductive Treatment Authority (VARTA) has listed some important guidelines to intending parents who are thinking of having a child by international surrogacy arrangement. Get fertility assessment done before deciding...

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International Family Laws And Child Custody: How Can You Get HELP in Australia

International family laws are complex web of legal issues that govern the family separation of international citizens. International families are increasing with people from various countries are coming together to form a family or living together. The separating couple have a tough time understanding which country’s laws apply to them and how will the separation works out till the end. Property Settlement in International Divorce Cases For example, in Germany the jurisdiction does not consider the assets owned by the partners before marriage for property settlement during divorce. Interestingly, in UK, the pre-nup financial agreements don’t hold much importance and the property...

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What is Child Dispute Services?

Child Dispute Services come under purview of Family Court of Australia. These centres provide expert advice and assessments to the judges of the Family Court and Federal Court of Australia on family matters, child and parenting arrangements for the cases that are in the court for hearing. There are 80 internal family consultants and several external consultants in every state, except WA. Who are these Family consultants AND What do they DO? Family Consultants are expert psychologists and /or social workers who have extensive knowledge and exposure to family and child issues affected by family separation. Family Consultants; Mediate and help parties to resolve...

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Why Collaborative Approach is Gaining Popularity?

Collaborative Law at the core emphasizes on empowering the parties by facilitating skilled negotiations and settling the crucial matters in family separation like child custody, parental arrangements, financial arrangements, out of court. Both parties and the collaborating team consent in writing to settle the matter without court involvement. If the collaborative approach fails, that is quite unlikely, you would have to hire different family law attorneys; as the collaborative lawyers, will not represent your case in the court. The collaborative law revolves around the idea of reaching a settlement in a humane way focusing on emotional and financial safety and security of...

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Breach of Parenting Orders: What are your options?

Don’t confuse Parenting Plans with Parenting Orders. Parenting plans are not legally enforceable just because they are agreed upon by both the parties involving children. To make parenting plans enforceable, you should get Consent Orders from the Court. The court gives Parenting Orders, directing the parties involved to carry out the parenting arrangement as ruled by the court. The transition of lives post-divorce is quite a challenge and it would be easy for all the concerned if the parenting plans / parenting orders are complied with. However, in some cases, parenting orders are breached leading to chaos in the child care arrangements. So,...

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Travelling Abroad with Child post Separation? Know these Things

Court authorization is required in many instances where the child is travelling abroad, such as;  to get an Australian passport of the child if either of the parent / authorized person does not sign the form or to stop the child to be taken out of Australia. If the child is already taken out of Australia without your permission, you should immediately contact Commonwealth’s Attorney-General’s Office on 1800 100 480 / Prima facie, the application should be filed in Federal Circuit Court first; IF you don’t have parenting case pending in Family Court. If you have parenting case currently in Family...

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Federal Circuit Court / Family Court – What’s the Difference?

Federal Circuit Court and Family Court both hear the family dispute cases in Australia under Family Law Act 1975. However, there are some differences in their scope of operation, that are important for you to know to understand which court to apply for.   Federal Circuit Court 1.       Handles simple family law dispute cases 2.       Other than family disputes, it also takes up cases pertaining administrative laws, human rights disputes and general federal law. 3.       Court proceedings are less formal with proceedings. 4.       Economical charges 5.       Faster case closures 6.       The Federal Circuit Court, if finds the family dispute complex; can transfer the same to Family Court.   Family Law...

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How Child Support is paid or recovered overseas?

The parent, who is either liable to pay child support or receive child support must register with the Australian Child Support Registrar to get/pay the child support arising overseas, in Australia. In such cases, where the child support is to be received from an overseas parent, it should have been assessed, managed, ruled and registered in Reciprocating Jurisdiction. Reciprocating Jurisdiction countries are those who have child support arrangement agreements with Australia. The Australian Child Support Registrar acts as a remittance medium to pay/ receive child support in Australia. The child support is payable from the day the Registrar receives the application. It...

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Parenting Orders: Who can claim?

At the time of divorce, having a good parenting plan and arrangement is utmost important as the court considers the child care and provision strictly and may hold the divorce decree. As mentioned in , a parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it. A parenting order may deal with one or more of...

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