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		<title>Christmas holidays custody coparenting problems for separated parents</title>
		<link>https://singlemum.com.au/features/christmas-custody-issues-for-coparenting-separated-parents-122022</link>
					<comments>https://singlemum.com.au/features/christmas-custody-issues-for-coparenting-separated-parents-122022#respond</comments>
		
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		<pubDate>Tue, 20 Dec 2022 00:55:23 +0000</pubDate>
				<category><![CDATA[Co-parenting]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Christmas custody]]></category>
		<category><![CDATA[Christmas orders]]></category>
		<category><![CDATA[Order breaches]]></category>
		<guid isPermaLink="false">https://singlemum.com.au/?p=13663</guid>

					<description><![CDATA[<p>This article includes information regarding many common Christmas custody issue questions, including&#8230; Can I stop my ex from taking my child overseas? What do I do if I my parenting order has been breached? What are some Christmas coparenting custody arrangements examples? What if my child has been taken overseas without my consent? And more&#8230; &#8230; <a href="https://singlemum.com.au/features/christmas-custody-issues-for-coparenting-separated-parents-122022" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Christmas holidays custody coparenting problems for separated parents</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/features/christmas-custody-issues-for-coparenting-separated-parents-122022" data-wpel-link="internal">Christmas holidays custody coparenting problems for separated parents</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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										<content:encoded><![CDATA[<div id="middle">
<h3><em style="font-family: 'Source Sans Pro', Helvetica, sans-serif; font-size: 16px;">This article includes information regarding many common Christmas custody issue questions, </em><i style="font-family: 'Source Sans Pro', Helvetica, sans-serif; font-size: 16px;">including&#8230;</i></h3>
<ul>
<li><strong><em>Can I stop my ex from taking my child overseas?</em></strong></li>
<li><strong><em>What do I do if I my parenting order has been breached?</em></strong></li>
<li><strong><em>What are some Christmas coparenting custody arrangements examples?</em></strong></li>
<li><strong><em>What if my child has been taken overseas without my consent?<br />
</em></strong><strong><em>And more&#8230;</em></strong></li>
</ul>
<p><strong>Rebecca Dahl, Lawyer</strong></p>
<p><img class="aligncenter size-full wp-image-13667" src="https://singlemum.com.au/wp-content/uploads/2022/12/25677678-8FA8-449D-B862-1BBF0DF828E7.jpeg" alt="Divorce and separation child custody issues at Christmas" width="900" height="514" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/25677678-8FA8-449D-B862-1BBF0DF828E7.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/25677678-8FA8-449D-B862-1BBF0DF828E7-300x171.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/25677678-8FA8-449D-B862-1BBF0DF828E7-768x439.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<p>Christmas and the summer holidays are widely regarded as exciting and memorable times for families. However, separated parents are often fraught with questions about child arrangements and face difficulties adjusting to altered traditions. This can make an otherwise exciting time of year stressful and emotionally charged.</p>
<p>With this in mind, there are some things you can do as a separated parent to reduce stress and make the most of the festive season.</p>
<h2>Reaching an agreement on arrangements for your children</h2>
<figure id="attachment_13666" aria-describedby="caption-attachment-13666" style="width: 900px" class="wp-caption aligncenter"><img class="size-full wp-image-13666" src="https://singlemum.com.au/wp-content/uploads/2022/12/C7D565D8-E742-4C35-B3C0-6D722AE95F2B.jpeg" alt="Reaching a coparenting agreement on Christmas" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/C7D565D8-E742-4C35-B3C0-6D722AE95F2B.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/C7D565D8-E742-4C35-B3C0-6D722AE95F2B-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/C7D565D8-E742-4C35-B3C0-6D722AE95F2B-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /><figcaption id="caption-attachment-13666" class="wp-caption-text">Reaching a coparenting agreement on Christmas</figcaption></figure>
<p>When negotiating arrangements for children over Christmas and other special occasions, there are several important considerations to keep in mind:</p>
<ul>
<li>To ensure that any issues are dealt with effectively, it is best to initiate discussions and plan your arrangements early.</li>
<li>Ensure your negotiation sets out clear times for how your child will spend time on Christmas Day and Christmas Eve or other important days or events for your family.</li>
<li>Consider the entire summer holiday period. Will the arrangements beyond Christmas Day be as usual?</li>
<li>To avoid any confusion and unnecessary conflict on Christmas Day, try and have the agreed arrangements in writing and do your part to stick to them. It is also wise to try and agree to refrain from any negative or emotionally charged conversations in front of or within earshot of the children.</li>
<li>Consider the child changeover details, including practicalities such as the distance between parents on Christmas.</li>
<li>Agree on what you will do if there are hiccups – like traffic delays or illness – particularly COVID, which may require isolation.</li>
</ul>
<h3>Christmas coparenting custody arrangements examples</h3>
<figure id="attachment_13670" aria-describedby="caption-attachment-13670" style="width: 900px" class="wp-caption aligncenter"><img class="size-full wp-image-13670" src="https://singlemum.com.au/wp-content/uploads/2022/12/3278019A-08E2-4C29-ABCC-39B8A192898F.jpeg" alt="Two homes for Christmas " width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/3278019A-08E2-4C29-ABCC-39B8A192898F.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/3278019A-08E2-4C29-ABCC-39B8A192898F-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/3278019A-08E2-4C29-ABCC-39B8A192898F-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /><figcaption id="caption-attachment-13670" class="wp-caption-text">Two homes for Christmas</figcaption></figure>
<p>To guide your negotiation, aim for a practical and child-centered arrangement, which might mean compromising on what parents want.</p>
<p>An alternating arrangement is a common arrangement to consider and works for many families. This is often a good place to start the negotiation. For example, the children may spend from noon Christmas Eve to noon Christmas Day with one parent and from noon Christmas Day to noon Boxing Day with the other.</p>
<p>For other families, children spending the entire day with a parent can work better, rather than splitting the day up, and avoiding travel on a busy day.</p>
<p>Other families will share the ‘Santa experience’ together and then go their own ways for the rest of the day with the children as above.</p>
<p>Given the sentimental nature parents often attach to Christmas and the holiday season, it is understandable that reaching an agreement can be difficult when parents have recently separated.</p>
<h3>Family Dispute Resolution Conference (Mediation)</h3>
<p>If negotiating between yourselves fails, the next step is to attend a Family Dispute Resolution Conference (Mediation), which is often the best way to resolve issues that are so emotionally charged.</p>
<p>Here, a mediator third party assists you in having a productive conversation during negotiations.</p>
<h4>What do I do if Mediation fails?</h4>
<figure id="attachment_13665" aria-describedby="caption-attachment-13665" style="width: 900px" class="wp-caption aligncenter"><img class="size-full wp-image-13665" src="https://singlemum.com.au/wp-content/uploads/2022/12/5DA836A9-AD49-4D5B-BA5E-205FE306D395.jpeg" alt="What do I do if mediation fails?" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/5DA836A9-AD49-4D5B-BA5E-205FE306D395.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/5DA836A9-AD49-4D5B-BA5E-205FE306D395-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/5DA836A9-AD49-4D5B-BA5E-205FE306D395-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /><figcaption id="caption-attachment-13665" class="wp-caption-text">What do I do if mediation fails?</figcaption></figure>
<p>If no agreement is reached by yourselves or through mediation, you may apply to obtain parenting orders for your Christmas arrangements from the Federal Circuit and Family Court of Australia.</p>
<p><strong>Please note, there is a cut-off date for getting your Christmas and holiday arrangement issue decided by the court. </strong></p>
<p>Rule 5.01A of the Family Law Rules 2004, provides that parenting order applications for the Christmas school holiday period (including arrangements for special days) must be filed before 4:00 pm on the second Friday in November. This is something you may need to have in mind for 2023 if Christmas 2022 doesn’t pan out as you hoped.</p>
<p>The date for 2022 has passed, however, your matter could still be heard if deemed an emergency, including in the case of family violence or child abuse, but the urgency of Christmas Day in and of itself does not meet this threshold. At this point in the year, the best arrangement is mediation and ensuring the following year your arrangements are considered early.</p>
<h3>What do I do if I my parenting order has been breached?</h3>
<figure id="attachment_13668" aria-describedby="caption-attachment-13668" style="width: 900px" class="wp-caption aligncenter"><img class="size-full wp-image-13668" src="https://singlemum.com.au/wp-content/uploads/2022/12/843826A7-0BDB-4664-94E0-F24D78D8A2D0.jpeg" alt="What do I do if the parenting order has been breached?" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/843826A7-0BDB-4664-94E0-F24D78D8A2D0.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/843826A7-0BDB-4664-94E0-F24D78D8A2D0-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/843826A7-0BDB-4664-94E0-F24D78D8A2D0-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /><figcaption id="caption-attachment-13668" class="wp-caption-text">What do I do if the parenting order has been breached?</figcaption></figure>
<p>Courts can penalise a party for breach of a parenting order.</p>
<p>A party who believes their parenting order has been breached can apply to the Federal Circuit and Family Court of Australia with a Contravention Application.</p>
<p>When determining whether a contravention has occurred, and if so, whether the party had a reasonable excuse for the breach, the courts will consider all relevant facts and law. Depending on the facts of the case and the severity of the breach, the courts may penalise a party by ordering them to provide make up time for the other parent, pay a fine, participate in community service, enter into a bond, etc.</p>
<h2>Other important considerations</h2>
<h3>Travelling interstate or overseas</h3>
<p>It is not uncommon for children to travel with one or both parents during the school holidays, especially given the context of the previous two years and the COVID-19 travel restrictions limiting these opportunities. However, for a child to travel overseas, consent from both parents is required.</p>
<p>Legal consequences can ensue if this is not obtained. Parents should also communicate with each other about interstate travel and reach an agreement on which parent should remain in possession of the child/children’s passport(s).</p>
<h3>What if my child has been taken overseas without my consent?</h3>
<figure id="attachment_13664" aria-describedby="caption-attachment-13664" style="width: 900px" class="wp-caption aligncenter"><img class="size-full wp-image-13664" src="https://singlemum.com.au/wp-content/uploads/2022/12/B89C8CAA-054C-4A4A-8E3B-DB886491B7A2.jpeg" alt="What do I do if my ex takes my kids overseas?" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/B89C8CAA-054C-4A4A-8E3B-DB886491B7A2.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/B89C8CAA-054C-4A4A-8E3B-DB886491B7A2-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/B89C8CAA-054C-4A4A-8E3B-DB886491B7A2-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /><figcaption id="caption-attachment-13664" class="wp-caption-text">What do I do if my ex takes my kids overseas?</figcaption></figure>
<p>If you believe your child/children has/have been taken overseas without your consent, there are a few options available to you.</p>
<p>If you believe your child’s welfare and/or safety has been compromised, the first point of action would be to report the matter to your local police immediately.</p>
<p>The next step would be to contact the Australian Federal Police for advice on placing your child/children’s name(s) on the Family Law Watchlist. By placing a child’s name on the Family Law Watchlist the police will be notified of any potential attempts to remove a child out of the country in contravention of court orders.</p>
<h3>Can I stop my ex from taking my child overseas?</h3>
<p>If your child/children has/have not yet left Australia, it may be possible to prevent them from doing so.</p>
<p>It would also be advisable for a parent who believes their child has been or may be taken overseas to obtain legal advice. A lawyer can assist you in obtaining recovery orders or any other court orders that may be required. A recovery order is provided to all officers of Australian Federal Police and all state and territory police officers to assist in locating and recovering a child/children.</p>
<h3>What do I do if things go wrong?</h3>
<p><img class="aligncenter size-full wp-image-13669" src="https://singlemum.com.au/wp-content/uploads/2022/12/D769FCAE-0F0B-419F-8342-0F92348BE375.jpeg" alt="Divorce and separation at Christmas" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2022/12/D769FCAE-0F0B-419F-8342-0F92348BE375.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2022/12/D769FCAE-0F0B-419F-8342-0F92348BE375-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2022/12/D769FCAE-0F0B-419F-8342-0F92348BE375-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<p>Ask for help! There are many support services available to help you and take comfort in the fact that these types of concerns are not uncommon.</p>
<p>Seek advice from a lawyer.</p>
<p>Some problems to anticipate during the Christmas period may include an ex-partner threatening to keep the children longer than agreed or taking a child without permission.</p>
<p>If you feel you or your children are unsafe, please contact the police on 000.</p>
<p>Some of the services you can reach out to include:</p>
<ul>
<li>1800 RESPECT – Support services for people who have experienced domestic, family or sexual violence.</li>
<li>Lifeline (13 11 14) – A 24/7 National Crisis Support Line that offers support for victims of family violence.</li>
<li>Relationships Australia (1300 364 277) – Support, family violence prevention and counselling services accessible to all Australians.</li>
<li>Kids Helpline (1800 55 1800) – A 24/7 online counselling service for people aged 5 to 25 who may have experienced or be experiencing family violence.</li>
</ul>
<p>&nbsp;</p>
<p><strong>Rebecca Dahl, Lawyer</strong><br />
<strong>Nicholes Family Lawyers Melbourne | Geelong</strong></p>
<p>If you would like to discuss parenting arrangements, or receive more tailored advice please contact Nicholes Family Lawyers where we are familiar with assisting clients with a range of issues including child arrangements for Christmas Day and the school holidays. We have skilled lawyers available over the Christmas period to help.<br />
For further information please visit the official website : <a href="https://www.nicholeslaw.com.au" target="_blank" rel="noopener noreferrer external" data-wpel-link="external">https://www.nicholeslaw.com.au</a></p>
<p><em>This article contains only general information, correct at the date of publication. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional. Read the full <a href="https://singlemum.com.au/misc/disclaimer.html" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">Singlemum.com.au Disclaimer here</a></em></p>
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<p>The post <a rel="nofollow" href="https://singlemum.com.au/features/christmas-custody-issues-for-coparenting-separated-parents-122022" data-wpel-link="internal">Christmas holidays custody coparenting problems for separated parents</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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		<title>COVID-19 &#8211;  Family Court new update on custody arrangements</title>
		<link>https://singlemum.com.au/familylaw/familycourt-new-coronavirus-covid19-recommendations</link>
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		<pubDate>Fri, 27 Mar 2020 07:30:50 +0000</pubDate>
				<category><![CDATA[COVID-19 Australian Single Parenting]]></category>
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					<description><![CDATA[<p>Recognising that separated parents are in desperate need of guidance about how to manage custody arrangements as restrictions on daily life increase as a result of COVID-19, the Family Court and Federal Circuit Court have now released guidance about complying with parenting orders. The Family Court advises as follows 1. Parents should continue to act &#8230; <a href="https://singlemum.com.au/familylaw/familycourt-new-coronavirus-covid19-recommendations" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">COVID-19 &#8211;  Family Court new update on custody arrangements</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/familylaw/familycourt-new-coronavirus-covid19-recommendations" data-wpel-link="internal">COVID-19 &#8211;  Family Court new update on custody arrangements</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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										<content:encoded><![CDATA[<p><img class="size-medium wp-image-13151 aligncenter" src="https://singlemum.com.au/wp-content/uploads/2020/03/E2C69FD7-A25A-4F6A-A1F9-4B6AF1CA285C-300x200.jpeg" alt="Self isolation during coronavirus child" width="300" height="200" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/E2C69FD7-A25A-4F6A-A1F9-4B6AF1CA285C-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/E2C69FD7-A25A-4F6A-A1F9-4B6AF1CA285C-768x513.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/E2C69FD7-A25A-4F6A-A1F9-4B6AF1CA285C.jpeg 900w" sizes="(max-width: 300px) 100vw, 300px" /></p>
<p>Recognising that separated parents are in desperate need of guidance about how to manage custody arrangements as restrictions on daily life increase as a result of COVID-19, the Family Court and Federal Circuit Court have now released guidance about complying with parenting orders.</p>
<h2>The Family Court advises as follows</h2>
<p>1. Parents should continue to act in the best interests of their children, to ensure their wellbeing and safety.  This may mean different things, for different families.</p>
<p>2. The Court still expects parents to comply with Court orders, including ensuring children spend time with both parents as per those orders.</p>
<p><a href="https://singlemum.com.au/wp-content/uploads/2020/03/95E9CB09-0142-46BB-B184-920B399731DC.jpeg" data-wpel-link="internal"><img class="alignnone size-medium wp-image-13152" src="https://singlemum.com.au/wp-content/uploads/2020/03/95E9CB09-0142-46BB-B184-920B399731DC-300x231.jpeg" alt="Getting ready to visit the other parent" width="300" height="231" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/95E9CB09-0142-46BB-B184-920B399731DC-300x231.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/95E9CB09-0142-46BB-B184-920B399731DC.jpeg 640w" sizes="(max-width: 300px) 100vw, 300px" /></a></p>
<p class="p1"><span class="s1">3. The Court recognises, however, that these unusual times will result in some situations where strict compliance with Orders is not possible &#8211; for example, changeovers may need to be moved, or, due to exposure to COVID-19, it may not be safe for a child to move from on house to another.  Additionally, border closures may, in some cases, cause issues with compliance with orders, particularly over the upcoming school holiday period.</span></p>
<p class="p1"><span class="s1">4. The Court emphasises the need to communicate with the other parent (if it is safe to do so) to try to find sensible and reasonable solutions, where Orders cannot be strictly complied with.  Parents should try to be understanding of any vulnerabilities of members of the other parent&#8217;s household, when trying to reach agreement.</span></p>
<p><a href="https://singlemum.com.au/wp-content/uploads/2020/03/50F6C49C-C1F7-4D46-8354-3707076137F5.jpeg" data-wpel-link="internal"><img class="alignnone size-medium wp-image-13147" src="https://singlemum.com.au/wp-content/uploads/2020/03/50F6C49C-C1F7-4D46-8354-3707076137F5-300x200.jpeg" alt="Use communication apps" width="300" height="200" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/50F6C49C-C1F7-4D46-8354-3707076137F5-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/50F6C49C-C1F7-4D46-8354-3707076137F5-768x511.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/50F6C49C-C1F7-4D46-8354-3707076137F5.jpeg 833w" sizes="(max-width: 300px) 100vw, 300px" /></a></p>
<p class="p1"><span class="s1">5. If new agreements are reached &#8211; document them! This can be by text, WhatsApp, WeChat, or email.  The Court has emphasised that this will be extremely useful, if a  judge has to later determine an issue arising from the change of arrangements.</span></p>
<p class="p1" style="text-align: left;"><span class="s1">6. The <a href="https://www.familyrelationships.gov.au/talk-someone/advice-line" target="_blank" rel="noopener noreferrer external" data-wpel-link="external">Family Relationships Advice Line</a> remains open &#8211; parents are able to call on 1800 050 321 to discuss issues about parenting arrangements, and can also try to help parents reach an agreement through their telephone Family Dispute Resolution Service.</span></p>
<p><a href="https://singlemum.com.au/wp-content/uploads/2020/03/FB26623D-ED44-4701-B08E-BCF9C981B24C.jpeg" data-wpel-link="internal"><img class="alignnone wp-image-13135 size-medium" src="https://singlemum.com.au/wp-content/uploads/2020/03/FB26623D-ED44-4701-B08E-BCF9C981B24C-300x201.jpeg" alt="Single mother on phone to lawyer " width="300" height="201" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/FB26623D-ED44-4701-B08E-BCF9C981B24C-300x201.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/FB26623D-ED44-4701-B08E-BCF9C981B24C.jpeg 640w" sizes="(max-width: 300px) 100vw, 300px" /></a></p>
<p class="p1"><span class="s1">7. Parents are also reminded that family lawyers remain able to advise and assist &#8211; many family law mediators have now moved to online or phone mediations, and are generally able to do so in a relatively short timeframe.</span></p>
<p class="p1"><span class="s1">8. If parents can&#8217;t reach agreement &#8211; or where there are real concerns about the safety of the children and/or a parent if there is a change in the arrangements &#8211; the Courts continue to be open to hear urgent matters electronically.  </span></p>
<blockquote><p><a href="https://singlemum.com.au/wp-content/uploads/images/misc/domestic-violence.jpg" data-wpel-link="internal"><img class="alignnone size-medium wp-image-9714" src="https://singlemum.com.au/wp-content/uploads/images/misc/domestic-violence-300x209.jpg" alt="Family violence in Family Court matters" width="300" height="209" srcset="https://singlemum.com.au/wp-content/uploads/images/misc/domestic-violence-300x209.jpg 300w, https://singlemum.com.au/wp-content/uploads/images/misc/domestic-violence.jpg 400w" sizes="(max-width: 300px) 100vw, 300px" /></a></p></blockquote>
<p class="p1"><span class="s1">9. Family violence, including threats of violence, are never acceptable.  If you or your child have been threatened, or are in immediate danger, you should contact the police.</span></p>
<p class="p1"><span class="s1">10. The Court has emphasised that parents need to keep children safe if arrangements are in dispute &#8211; and should facilitate electronic communications between children and the parent they are not living with, until the dispute is resolved.</span></p>
<p><a href="https://singlemum.com.au/wp-content/uploads/2020/03/6ED32A1B-FCD9-450E-9AA8-E131CF1972ED.jpeg" data-wpel-link="internal"><img class="alignnone size-medium wp-image-13150" src="https://singlemum.com.au/wp-content/uploads/2020/03/6ED32A1B-FCD9-450E-9AA8-E131CF1972ED-300x200.jpeg" alt="Child waits for parent" width="300" height="200" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/6ED32A1B-FCD9-450E-9AA8-E131CF1972ED-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/6ED32A1B-FCD9-450E-9AA8-E131CF1972ED-768x512.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/6ED32A1B-FCD9-450E-9AA8-E131CF1972ED.jpeg 900w" sizes="(max-width: 300px) 100vw, 300px" /></a></p>
<p class="s3">Based on this, COVID-19 in and of itself is still not a reason not to comply with Court Orders.  However, the Court has emphasised that if parents act reasonably, or have a reasonable excuse for not complying with Orders, then this can be taken into account if there are any later allegations that Orders have been breached.</p>
<p>Parents who are concerned about this should ensure they keep written records of discussions about changing arrangements, and should seek their own legal advice if they are unsure about their individual circumstances.</p>
<p><a href="https://singlemum.com.au/wp-content/uploads/2020/03/44378BB7-3862-4C25-A0EA-0A510765DBBA.jpeg" data-wpel-link="internal"><img class="alignnone size-medium wp-image-13148" src="https://singlemum.com.au/wp-content/uploads/2020/03/44378BB7-3862-4C25-A0EA-0A510765DBBA-300x200.jpeg" alt="Judge on phone " width="300" height="200" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/44378BB7-3862-4C25-A0EA-0A510765DBBA-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/44378BB7-3862-4C25-A0EA-0A510765DBBA-768x512.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/44378BB7-3862-4C25-A0EA-0A510765DBBA.jpeg 900w" sizes="(max-width: 300px) 100vw, 300px" /></a></p>
<p>The Court remains open to deal with urgent parenting matters at this time, although parents should expect that most judges will be hearing cases by phone, or by videoconference.</p>
<p><span class="s5"><span class="bumpedFont20"><i>The matters contained in this article are the opinion of the writer by way of general information and are not legal advice. You should seek legal advice in relation to your personal circumstances before acting on any of the matters raised in this article.</i></span></span></p>
<p><a href="https://www.landers.com.au/our-people/monique-robb/" target="_blank" rel="noopener noreferrer external" data-wpel-link="external">Monique Robb</a> is an Accredited Specialist in Family Law. She is Special Counsel in the Family and Relationship Law team at Lander &amp; Rogers, which has the largest family law practice in Australia.  Monique has worked solely in the area of Family Law since 2007, including working as an Associate in the Federal Circuit Court.  Monique acts in matters in all areas of family law, including parenting (custody) matters, property matters, child support, financial agreements, asset protection and matters where one, or both parties, reside overseas.  For more information, contact Monique <a href="mailto:mrobb@landers.com.au">by email</a> or at <a dir="ltr" href="tel:+61%202%208020%207879" data-wpel-link="internal">+61 2 8020 7879</a></p>
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<p><a href="https://letsgomum.com.au" data-wpel-link="external" rel="external noopener noreferrer"><img class="aligncenter wp-image-13144 size-full" src="https://singlemum.com.au/wp-content/uploads/2020/03/0D3EA297-6D77-410A-8920-EB549FAA5945.png" alt="COVID-19 -  Family Court new update on custody arrangements"Let’s Go Mum Australian single-parent travel blog " width="1920" height="1080" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/0D3EA297-6D77-410A-8920-EB549FAA5945.png 1920w, https://singlemum.com.au/wp-content/uploads/2020/03/0D3EA297-6D77-410A-8920-EB549FAA5945-300x169.png 300w, https://singlemum.com.au/wp-content/uploads/2020/03/0D3EA297-6D77-410A-8920-EB549FAA5945-768x432.png 768w, https://singlemum.com.au/wp-content/uploads/2020/03/0D3EA297-6D77-410A-8920-EB549FAA5945-1024x576.png 1024w" sizes="(max-width: 1920px) 100vw, 1920px" /></a></p>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/familylaw/familycourt-new-coronavirus-covid19-recommendations" data-wpel-link="internal">COVID-19 &#8211;  Family Court new update on custody arrangements</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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		<title>COVID19 lock down &#038; separated parent access arrangements</title>
		<link>https://singlemum.com.au/familylaw/coronavirus-covid19-separated-parents-access-arrangements</link>
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		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 25 Mar 2020 12:13:46 +0000</pubDate>
				<category><![CDATA[COVID-19 Australian Single Parenting]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Parenting]]></category>
		<category><![CDATA[Single Mum Lifestyle Articles]]></category>
		<category><![CDATA[Access changeovers]]></category>
		<category><![CDATA[co-parenting]]></category>
		<category><![CDATA[coronavirus]]></category>
		<category><![CDATA[Covid-19]]></category>
		<category><![CDATA[Lockdown]]></category>
		<guid isPermaLink="false">https://singlemum.com.au/?p=13126</guid>

					<description><![CDATA[<p>Last night after the Federal Cabinet meeting finished at around 9pm, our Government announced more changes to increase restrictions on the public’s movements and further limit what “non-essential” businesses must now cease trading, as part of efforts to slow spread of the COVID19 virus. The advice we are getting and why some activities are now &#8230; <a href="https://singlemum.com.au/familylaw/coronavirus-covid19-separated-parents-access-arrangements" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">COVID19 lock down &#038; separated parent access arrangements</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/familylaw/coronavirus-covid19-separated-parents-access-arrangements" data-wpel-link="internal">COVID19 lock down &#038; separated parent access arrangements</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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										<content:encoded><![CDATA[<p><img class="aligncenter size-full wp-image-13130" src="https://singlemum.com.au/wp-content/uploads/2020/03/8CB173A6-B8B6-449E-9DF8-545C03B83D11.jpeg" alt="COVID19 children" width="640" height="476" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/8CB173A6-B8B6-449E-9DF8-545C03B83D11.jpeg 640w, https://singlemum.com.au/wp-content/uploads/2020/03/8CB173A6-B8B6-449E-9DF8-545C03B83D11-300x223.jpeg 300w" sizes="(max-width: 640px) 100vw, 640px" /></p>
<p class="s3"><span class="s5">Last night after </span><span class="s5">the Federal</span><span class="s5"> Cabinet meeting</span><span class="s5"> finished at around 9pm</span><span class="s5">, our Government announced more changes to increase restrictions on the public’s movements and further limit what “non-essential” businesses must now cease trading, as part of efforts to slow spread of the COVID19 virus. </span></p>
<p class="s3"><span class="s5">T</span><span class="s5">he advice we are getting and why some activities are now prohibited</span><span class="s5"> (</span><span class="s5">but not others</span><span class="s5">)</span><span class="s5">, </span><span class="s5">is </span><span class="s5">confusing, and leaves room for disagreements about what it </span><span class="s5">all </span><span class="s5">means</span><span class="s5">.</span></p>
<p class="s3"><span class="s5">For example, schools are still open, and parents are being told it is safe to send the</span><span class="s5">ir</span><span class="s5"> children. However, schools are asking parents to keep their children at home</span><span class="s5">,</span><span class="s5"> if possible.</span></p>
<p><img class="aligncenter size-full wp-image-13131" src="https://singlemum.com.au/wp-content/uploads/2020/03/8D445F5D-4E53-48D5-AB7C-D35BDAC13BD7.jpeg" alt="School closures" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/8D445F5D-4E53-48D5-AB7C-D35BDAC13BD7.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/8D445F5D-4E53-48D5-AB7C-D35BDAC13BD7-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/8D445F5D-4E53-48D5-AB7C-D35BDAC13BD7-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<p class="s3"><span class="s5">No-one has mentioned the situation with day-care for </span><span class="s5">0-5s,</span><span class="s5"> or talked about risks to them, but for anyone with children this age, </span><span class="s5">anecdotally,</span><span class="s5"> many of the </span><span class="s5">centres</span><span class="s5"> are now emptying out. </span></p>
<p class="s3"><span class="s5">For the moment, these services remain open and it is up to parents to decide whether to send children, or not.</span></p>
<h3>School holiday trips cancelled</h3>
<p><img class="aligncenter size-full wp-image-13133" src="https://singlemum.com.au/wp-content/uploads/2020/03/53A89774-83C2-41CA-B412-B563FD0E2649.jpeg" alt="School holidays cancelled " width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/53A89774-83C2-41CA-B412-B563FD0E2649.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/53A89774-83C2-41CA-B412-B563FD0E2649-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/53A89774-83C2-41CA-B412-B563FD0E2649-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<p class="s3"><span class="s5">Travel is also now a complicated issue, and with school holidays on the horizon, this issue is one that many separated parents are understandably concerned about. </span></p>
<p class="s3"><span class="s5">With many states closing their borders, the clear take-home message </span><span class="s5">from authorities </span><span class="s5">is that we should </span><span class="s6">not </span><span class="s5">be travelling anywhere outside of our local area. This includes for holidays.</span></p>
<h3>Commonwealth Health Information</h3>
<p><img class="aligncenter size-full wp-image-13138" src="https://singlemum.com.au/wp-content/uploads/2020/03/4D51C27A-08D2-4B5F-8819-B6FF4F9EB4BD.jpeg" alt="Department of Health" width="887" height="384" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/4D51C27A-08D2-4B5F-8819-B6FF4F9EB4BD.jpeg 887w, https://singlemum.com.au/wp-content/uploads/2020/03/4D51C27A-08D2-4B5F-8819-B6FF4F9EB4BD-300x130.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/4D51C27A-08D2-4B5F-8819-B6FF4F9EB4BD-768x332.jpeg 768w" sizes="(max-width: 887px) 100vw, 887px" /></p>
<p class="s3"><span class="s5">With so much uncertainty, it is important to rely on accurate information. </span></p>
<p class="s3"><span class="s5">The Commonwealth Government has a website with up-to-date information that you can look to here: </span><a href="https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert" data-wpel-link="external" rel="external noopener noreferrer"><span class="s7">https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert</span></a></p>
<h3 class="s3"><span class="s4">Separated Parent Communication</span></h3>
<p><img class="aligncenter size-full wp-image-10060" src="https://singlemum.com.au/wp-content/uploads/2017/03/divorce-argument-300x207.jpg" alt="Separated parents" width="300" height="207" /></p>
<p class="s3"><span class="s5">These changes affect everyone, but </span><span class="s5">present</span><span class="s5"> particular challenges for single parents who may have real difficulties communicating with their ex-spouses to talk through decisions about their children &#8211; such as changing arrangements for pick-ups/drop-offs that may need to be made in a hurry.</span></p>
<p class="s3"><span class="s5">Many separated parents rely on email or text to communicate. </span><span class="s5">This may be because there are ongoing issues with Family Violence (or allegations about this), o</span><span class="s5">r</span><span class="s5"> because their former partner/spouse is unreasonable, o</span><span class="s5">r because they have been advised by their lawyers to do so.</span></p>
<p class="s3"><span class="s5">All of these reasons may create opportunities for significant misunderstandings and further conflict.</span></p>
<p><img class="aligncenter size-full wp-image-13128" src="https://singlemum.com.au/wp-content/uploads/2020/03/F3F06402-6B62-4F44-BCEA-00AF1C058818.jpeg" alt="Coronavirus shared parenting" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/F3F06402-6B62-4F44-BCEA-00AF1C058818.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/F3F06402-6B62-4F44-BCEA-00AF1C058818-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/F3F06402-6B62-4F44-BCEA-00AF1C058818-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<p class="s3"><span class="s5">If there are family violence orders in place as well, this adds yet another layer of complexity</span><span class="s5">.</span></p>
<p class="s3"><span class="s5">In addition, t</span><span class="s5">he rapidly-changing situation with COVID19 means agreements about children made one </span><span class="s5">day,</span><span class="s5"> may need to be changed the next.</span></p>
<h2 class="s3"><span class="s5">How to deal with child access &amp; changeovers during Coronavirus changes</span></h2>
<p><img class="aligncenter size-full wp-image-13134" src="https://singlemum.com.au/wp-content/uploads/2020/03/3D0014C1-D1EE-4563-8B9F-28D6CB92BA31.jpeg" alt="Compromises on access may be made" width="640" height="428" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/3D0014C1-D1EE-4563-8B9F-28D6CB92BA31.jpeg 640w, https://singlemum.com.au/wp-content/uploads/2020/03/3D0014C1-D1EE-4563-8B9F-28D6CB92BA31-300x201.jpeg 300w" sizes="(max-width: 640px) 100vw, 640px" /></p>
<h3 class="s8"><span class="s5">1. Follow Court Orders</span></h3>
<div class="s8"><span class="s5">The first port of call is to </span><span class="s5">make sure you are following any Family or Federal Circuit Court Orders </span><span class="s5">about communication with the other parent.</span></div>
<div></div>
<div class="s8"><span class="s5">Unless there has been a fresh agreement and </span><span class="s5">new </span><span class="s5">Orders are changed, your obligations </span><span class="s5">under those Orders </span><span class="s5">still apply</span><span class="s5">.</span></div>
<h4>Contravention of Orders</h4>
<div class="s8"><span class="s5">Breaching them may make conflict with the other party worse, and</span><span class="s5">/or</span><span class="s5"> expose you to a Court Application in the future for Contravention of Orders. </span></div>
<div></div>
<div class="s8"><span class="s5">If a question of breaching Orders comes up, and you aren’t sure what to do, you may need to get some legal advice by phone. Free options include Legal Aid, Community Legal </span><span class="s5">Centres</span><span class="s5">, or </span><span class="s5">LawAccess</span><span class="s5">, if you do not have access to a private </span><span class="s5">family lawyer.</span></div>
<h3 class="s8"><span class="s5">2. Compromise with your co-parent</span></h3>
<p><img class="aligncenter size-full wp-image-13137" src="https://singlemum.com.au/wp-content/uploads/2020/03/FC6BE17D-E993-4B8C-A5AE-351F460B66D4.jpeg" alt="Talking on the phone co-parenting" width="900" height="593" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/FC6BE17D-E993-4B8C-A5AE-351F460B66D4.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/FC6BE17D-E993-4B8C-A5AE-351F460B66D4-300x198.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/FC6BE17D-E993-4B8C-A5AE-351F460B66D4-768x506.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<div class="s8"><span class="s5">If circumstances allow, and you are not going to be breaching Court Orders, an AVO, or putting yourself or your children at risk, </span><span class="s5">you could </span><span class="s5">try talking on the phone </span><span class="s5">or in person</span><span class="s5"> (not in front of the children</span><span class="s5"> or when they can hear</span><span class="s5">) </span><span class="s5">to your former partner/spouse about these decisions. </span></div>
<div></div>
<div class="s8"><span class="s5">If a reasonable </span><span class="s5">compromise </span><span class="s5">can be rea</span><span class="s5">ched, that will be the best, </span><span class="s5">quickest </span><span class="s5">and cheapest </span><span class="s5">way to solve the problem.</span></div>
<h3 class="s8"><span class="s5">3. Try emailing with a follow-up text message </span></h3>
<p><img class="aligncenter size-full wp-image-13129" src="https://singlemum.com.au/wp-content/uploads/2020/03/B0FAD0E2-33E5-4A12-86D8-8D8E8EA85D09.jpeg" alt="Try communicating via email with your ex" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/B0FAD0E2-33E5-4A12-86D8-8D8E8EA85D09.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/B0FAD0E2-33E5-4A12-86D8-8D8E8EA85D09-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/B0FAD0E2-33E5-4A12-86D8-8D8E8EA85D09-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<div class="s8"><span class="s5">Email the other parent. </span><span class="s5">Even though email is slow, </span><span class="s5">take the time to set out your</span><span class="s5"> concerns, and your proposals to solve </span><span class="s5">them. </span></div>
<div></div>
<div class="s8"><span class="s5">A short</span><span class="s5">, polite</span><span class="s5"> text-message to let the other parent know you have emailed them and are hoping they can </span><span class="s5">reply quickly will </span><span class="s5">flag that</span><span class="s5"> there is something that needs their attention.</span></div>
<div></div>
<div class="s8"><span class="s5">Remember too, </span><span class="s5">only</span> <span class="s5">genuinely </span><span class="s5">urgent </span><span class="s5">issues should be called “</span><span class="s5">urgent</span><span class="s5">”</span><span class="s5">.</span></div>
<h3 class="s8"><span class="s5">4. Arrange telephone mediation </span></h3>
<p><img class="aligncenter wp-image-10605 size-full" src="https://singlemum.com.au/wp-content/uploads/familylaw/divorce-communication-768x526.jpg" alt="Phone mediation " width="768" height="526" srcset="https://singlemum.com.au/wp-content/uploads/familylaw/divorce-communication-768x526.jpg 768w, https://singlemum.com.au/wp-content/uploads/familylaw/divorce-communication-768x526-300x205.jpg 300w" sizes="(max-width: 768px) 100vw, 768px" /></p>
<div class="s8"><span class="s5">If there are major issues that need to be discussed – such as </span><span class="s5">home </span><span class="s5">isolation or treatment of a child, or children who has significant medical vulnerabilities, or becomes ill and it is <span class="s6">not</span> a medical emergency, and </span><span class="s5">none of the above </span><span class="s5">are</span><span class="s5"> options, </span><span class="s5">then telephone </span><span class="s5">mediation may be a solution</span><span class="s5">. </span></div>
<div></div>
<div class="s8"><span class="s5">Many publicly funded services may not be able to offer access to services as quickly as people need, but there many private mediators </span><span class="s5">(or Family Dispute Resolution Practitioners) </span><span class="s5">that specialize in family/parenting disputes </span><span class="s5">who can</span><span class="s5"> offer telephone services to help bridge communication gap</span><span class="s5">s</span><span class="s5">.</span></div>
<div></div>
<div class="s8"><span class="s5">Mediators are also cheaper than lawyers! A good family lawyer can refer you to a reputable private mediator, or you can rely on your own enquiries to find someone you are happy with.</span></div>
<div></div>
<div><img class="aligncenter size-full wp-image-13132" src="https://singlemum.com.au/wp-content/uploads/2020/03/40E14873-4C57-4138-9A45-24D344A69EDA.jpeg" alt="Child custody " width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/40E14873-4C57-4138-9A45-24D344A69EDA.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/40E14873-4C57-4138-9A45-24D344A69EDA-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/40E14873-4C57-4138-9A45-24D344A69EDA-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></div>
<h3 class="s8"><span class="s5">5. Vary Court Orders using a Parenting Plan</span></h3>
<div class="s8"><span class="s5">If new agreements are reached with the help of a mediator in a crisis situation, or to deal with unusual circumstances that have come up, it is possible to vary Court Orders using a Parenting Plan. </span></div>
<div></div>
<div class="s8"><span class="s5">You should get legal advice from a lawyer </span><span class="s5">about</span><span class="s5"> doing this, so that you are aware of the risks and benefits.</span></div>
<h3 class="s8"><span class="s5">6. Use a co-parenting App</span></h3>
<div><img class="aligncenter size-full wp-image-13136" src="https://singlemum.com.au/wp-content/uploads/2020/03/F5112A7D-A186-4FA8-B699-82C1C7324F2B.jpeg" alt="Shared parenting apps" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/F5112A7D-A186-4FA8-B699-82C1C7324F2B.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/F5112A7D-A186-4FA8-B699-82C1C7324F2B-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/F5112A7D-A186-4FA8-B699-82C1C7324F2B-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></div>
<div></div>
<div class="s8"><span class="s5">There are also now some very good </span><span class="s5">communication</span><span class="s5"> Apps available for separated parents that are designed to streamline communication and make planning and information-sharing easier.</span><span class="s5"> </span><span class="s5">If you haven’t looked at these before, perhaps consider if they may help now.</span></div>
<h3>Navigating Coronavirus &amp; shared parenting</h3>
<p><img class="aligncenter size-full wp-image-8768" src="https://singlemum.com.au/wp-content/uploads/centrelink/family-tax-benefit-update-2017-2-300x200.jpg" alt="Mother and Son" width="300" height="200" /></p>
<p class="s3"><span class="s5">Although many separated parents may </span><span class="s5">feel</span><span class="s5"> overwhelmed by the decisions that need to be made </span><span class="s5">now and in the coming weeks, </span><span class="s5">parents will need to find </span><span class="s5">flexible solutions to deal with our changing circumstances. </span></p>
<p class="s3"><span class="s5">Now, more than ever, </span><span class="s5">cooperation where </span><span class="s5">possible,</span><span class="s5"> and </span><span class="s5">good communication about children’s health, safety and wellbeing is </span><span class="s5">required</span><span class="s5">.</span></p>
<p class="s3"><span class="s5">If it is not possible to resolve communication issues, or the welfare of children is at risk and you need the advice of a lawyer, or to approach a Court for urgent Orders, changes and limitations on access to Court services in response to COVID19 are likely to create some delays. </span></p>
<p class="s3"><span class="s5">Getting advice earlier, rather than waiting until you are in crisis in such circumstances may mean there is more time to find solutions, with the support and guidance of a lawyer. </span></p>
<p class="s3"><i><span class="s10">The </span><span class="s10">contents of this publication </span><span class="s10">are the opinion of the writer, do not constitute legal advice, </span><span class="s10">and should not be relied upon as legal advice. </span><span class="s10">You should seek f</span><span class="s10">ormal legal advice </span><span class="s10">from a lawyer in relation</span><span class="s10"> to your p</span><span class="s10">ersonal circumstances before making decisions on the issues raised in this publication. </span></i></p>
<p class="s3" style="text-align: left;"><span class="s5">Celia Oosterhoff is a Partner </span><span class="s5">at <a href="https://pigott.com.au/" target="_blank" rel="noopener noreferrer external" data-wpel-link="external">Pigott Stinson</a> in the Sydney CBD. She is </span><span class="s5">an Accredited Specialist in Family Law</span><span class="s5">, </span><span class="s5">a Registered Family Dispute Resolution Practitioner</span><span class="s5">, trained Collaborative Lawyer, and is</span><span class="s5"> also</span><span class="s5"> on the Legal Aid Panel of Independent Children’s Lawyers,</span><span class="s5">to </span><span class="s5">represent the interests of vulnerable children in matters before the Family and Federal </span><span class="s5">Circuit Courts. </span><span class="s5">Celia’s experience includes over 12 years exclusive practice as a Family Lawyer in </span><span class="s5">b</span><span class="s5">outique and broader service small and medium-sized city and suburban practices, international </span><span class="s5">commercial experience</span><span class="s5">, and two years as Research Associate to a Judge of the Appeal Division of the Family Court. </span><span class="s5">For more information, contact Celia by </span><a href="mailto:c.oosterhoff@pigott.com.au"><span class="s6">email</span></a> <span class="s5">or phone at +61 2 8251 7777. </span></p>
<p class="s3"><span class="s4"><span class="bumpedFont20"> </span></span></p>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/familylaw/coronavirus-covid19-separated-parents-access-arrangements" data-wpel-link="internal">COVID19 lock down &#038; separated parent access arrangements</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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		<title>Co-Parenting and Covid-19 &#8211; what you need to know</title>
		<link>https://singlemum.com.au/familylaw/coronavirus-covid19-share-parenting-custody</link>
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		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 20 Mar 2020 10:29:30 +0000</pubDate>
				<category><![CDATA[COVID-19 Australian Single Parenting]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Parenting]]></category>
		<category><![CDATA[Single Mum Lifestyle Articles]]></category>
		<category><![CDATA[Single Parent Travel]]></category>
		<category><![CDATA[co-parenting]]></category>
		<category><![CDATA[coronavirus]]></category>
		<category><![CDATA[Covid-19]]></category>
		<guid isPermaLink="false">https://singlemum.com.au/?p=13080</guid>

					<description><![CDATA[<p>It’s a stressful, difficult time for all parents at the moment, with the threat of imminent school closures, changes to work arrangements and the general absence of our children&#8217;s favourite choice of pasta and pasta sauce at the supermarkets.  Even with new episodes of Bluey, parents across the country are feeling the strain. For separated &#8230; <a href="https://singlemum.com.au/familylaw/coronavirus-covid19-share-parenting-custody" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Co-Parenting and Covid-19 &#8211; what you need to know</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/familylaw/coronavirus-covid19-share-parenting-custody" data-wpel-link="internal">Co-Parenting and Covid-19 &#8211; what you need to know</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p class="s3"><span class="s4"><span class="bumpedFont20"><img class="aligncenter size-full wp-image-13088" src="https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B.jpeg" alt="Coronavirus and custody" width="1880" height="1203" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B.jpeg 1880w, https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B-300x192.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B-1024x655.jpeg 1024w, https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B-768x491.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B-1536x983.jpeg 1536w, https://singlemum.com.au/wp-content/uploads/2020/03/EA7701E5-9F7A-4727-B208-829AF5AC052B-631x405.jpeg 631w" sizes="(max-width: 1880px) 100vw, 1880px" />It’s a stressful, difficult time for all parents at the moment</span></span><span class="s4"><span class="bumpedFont20">, with the threat of imminent school closures, changes to work arrangements and the general absence of our children&#8217;s </span></span><span class="s4"><span class="bumpedFont20">favourite </span></span><span class="s4"><span class="bumpedFont20">choice of pasta and pasta sauce at the supermarkets.</span></span><span class="s4"><span class="bumpedFont20">  Even with new episodes of Bluey, parents across the country are feeling the strain. </span></span></p>
<p class="s3"><span class="s4"><span class="bumpedFont20">For separated parents, COVID-19 poses an extra dilemma &#8211; how to successfully co-parent under these new (and frequently changing) circumstances?</span></span></p>
<p><img class="aligncenter size-full wp-image-13087" src="https://singlemum.com.au/wp-content/uploads/2020/03/BA12C798-F6A1-440C-A26D-143264557044.jpeg" alt="School closing " width="640" height="428" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/BA12C798-F6A1-440C-A26D-143264557044.jpeg 640w, https://singlemum.com.au/wp-content/uploads/2020/03/BA12C798-F6A1-440C-A26D-143264557044-300x201.jpeg 300w" sizes="(max-width: 640px) 100vw, 640px" /></p>
<h3 class="s3"><span class="s2"><span class="bumpedFont20">Are my Court Orders still in force?</span></span></h3>
<p class="s3"><span class="s4"><span class="bumpedFont20">Orders are still in force, even under these circumstances.  You should still meet your obligations, unless you have a reasonable excuse.  </span></span><span class="s4"><span class="bumpedFont20">We anticipate that the Court will show some leniency, where parents have taken steps to try and overcome COVID-19 challenges with orders &#8211; however, the Courts are not going to accept COVID-19 alone as an excuse not to abide by orders. </span></span></p>
<p class="s3"><span class="s4"><span class="bumpedFont20">If travel restrictions, quarantines or </span></span><span class="s4"><span class="bumpedFont20">school closures mean your orders are no longer workable, you should try to reach a sensible alternative solution.  For example, if changeover usually occurs at a child&#8217;s activity which is now cancelled, a change of changeover location may be appropriate</span></span><span class="s4"><span class="bumpedFont20"> and enable children to continue to spend time with both parents, in accordance with the usual arrangements</span></span><span class="s4"><span class="bumpedFont20">.</span></span></p>
<p><img class="aligncenter size-full wp-image-13086" src="https://singlemum.com.au/wp-content/uploads/2020/03/046E57B4-781F-4271-97DF-D7FDE447E70D.jpeg" alt="Custody change over" width="900" height="600" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/046E57B4-781F-4271-97DF-D7FDE447E70D.jpeg 900w, https://singlemum.com.au/wp-content/uploads/2020/03/046E57B4-781F-4271-97DF-D7FDE447E70D-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/046E57B4-781F-4271-97DF-D7FDE447E70D-768x512.jpeg 768w" sizes="(max-width: 900px) 100vw, 900px" /></p>
<p class="s3"><span class="s4"><span class="bumpedFont20">While changes are happening at a rapid rate, discussing possible alternatives with your child&#8217;s other parent, before changes happen, is best &#8211; but when this isn&#8217;t possible, give as much advance warning as possible, with a brief explanation of your proposal to vary the arrangements.</span></span></p>
<h3>Share parenting during self isolation &amp; travel restrictions</h3>
<p class="s3"><span class="s4"><span class="bumpedFont20">If, due to requirements to self-isolate, or due to travel restrictions or other Government-imposed bans, it is simply not possible to comply with your orders, then you should, where possible, facilitate your child using technology to maintain contact with their other parent &#8211; Facetime, Zoom, Microsoft Teams, Skype, or an old-fashioned phone call &#8211; are all better than no contact at all.</span></span><span class="s4"><span class="bumpedFont20">  </span></span></p>
<p class="s3"><span class="s4"><span class="bumpedFont20">If appropriate, you might also want to consider offering additional time at a point in the future, in lieu of time missed due to COVID-19 issues.</span></span><span class="s4"><span class="bumpedFont20">  </span></span></p>
<p class="s3"><span class="s4"><span class="bumpedFont20">It&#8217;s not easy, but parents should give (and expect) some flexibility from their co-parent while we all try to </span></span><span class="s4"><span class="bumpedFont20">get </span></span><span class="s4"><span class="bumpedFont20">through the coming weeks.  </span></span></p>
<p><img class="aligncenter size-full wp-image-13082" src="https://singlemum.com.au/wp-content/uploads/2020/03/A7119AF6-C6B5-4964-A58C-08FCD1DD1AAD.jpeg" alt="Coronavirus in Australia " width="1600" height="1067" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/A7119AF6-C6B5-4964-A58C-08FCD1DD1AAD.jpeg 1600w, https://singlemum.com.au/wp-content/uploads/2020/03/A7119AF6-C6B5-4964-A58C-08FCD1DD1AAD-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/A7119AF6-C6B5-4964-A58C-08FCD1DD1AAD-768x512.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/A7119AF6-C6B5-4964-A58C-08FCD1DD1AAD-1024x683.jpeg 1024w" sizes="(max-width: 1600px) 100vw, 1600px" /></p>
<h3 class="s3"><span class="s2"><span class="bumpedFont20">What if one of us has to self-isolate?</span></span></h3>
<p class="s3"><span class="s4"><span class="bumpedFont20">Now is the time to make a plan for if you, or your child&#8217;s other parent, needs to self-isolate.  </span></span></p>
<p class="s3"><span class="s4"><span class="bumpedFont20">Consider whether you need to put in place some back-up plans for child care/work, in the event that your children come into your care whilst their other parent is required to self-isolate, or vice versa.  If possible, reach agreement with their other parent now, so the plan can go into action smoothly, if required. </span></span></p>
<p><span class="s4"><span class="bumpedFont20">Also consider your plans in the event that you and your children are required to self-isolate together.  Communicate your plan to your child&#8217;s other parent and make sure you know their plan.</span></span></p>
<p><img class="aligncenter size-full wp-image-13084" src="https://singlemum.com.au/wp-content/uploads/2020/03/4773A20E-E72B-4551-A724-AF9D3076B6EF.jpeg" alt="Coronavirus child infection" width="1600" height="1069" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/4773A20E-E72B-4551-A724-AF9D3076B6EF.jpeg 1600w, https://singlemum.com.au/wp-content/uploads/2020/03/4773A20E-E72B-4551-A724-AF9D3076B6EF-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/4773A20E-E72B-4551-A724-AF9D3076B6EF-768x513.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/4773A20E-E72B-4551-A724-AF9D3076B6EF-1024x684.jpeg 1024w" sizes="(max-width: 1600px) 100vw, 1600px" /></p>
<h3><span class="s2"><span class="bumpedFont20">What if my children show symptoms?</span></span></h3>
<p><span class="s4"><span class="bumpedFont20">If your child shows symptoms, you should of course obtain medical advice and follow it &#8211; but you should also communicate with the child&#8217;s other parent about what is happening.  If possible, you might consider calling your child&#8217;s other parent whilst you are in medical appointments, so they can hear the advice firsthand.  </span></span></p>
<p><span class="s4"><span class="bumpedFont20">If your child is required to self-isolate, as we&#8217;ve recommended above, try to keep contact with the parent who is not in isolation by electronic means.</span></span></p>
<p><img class="aligncenter size-full wp-image-13083" src="https://singlemum.com.au/wp-content/uploads/2020/03/2CCEA22A-6BC6-4732-9924-C236A9134EC3.jpeg" alt="Coronavirus cancelled holiday" width="1600" height="1067" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/2CCEA22A-6BC6-4732-9924-C236A9134EC3.jpeg 1600w, https://singlemum.com.au/wp-content/uploads/2020/03/2CCEA22A-6BC6-4732-9924-C236A9134EC3-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/2CCEA22A-6BC6-4732-9924-C236A9134EC3-768x512.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/2CCEA22A-6BC6-4732-9924-C236A9134EC3-1024x683.jpeg 1024w" sizes="(max-width: 1600px) 100vw, 1600px" /></p>
<h3 style="text-align: left;"><span class="s2"><span class="bumpedFont20">We had holiday plans &#8211; can I still go?</span></span></h3>
<p><span class="s4"><span class="bumpedFont20">Parents should follow closely official government travel guidelines &#8211; </span></span><span class="s4"><span class="bumpedFont20">so overseas travel is off the cards for at least the April, and possibly the July, school holidays.  </span></span></p>
<p><span class="s4"><span class="bumpedFont20">Domestic travel needs to be considered very carefully &#8211; will travel result in your children being more likely to be exposed to COVID-19?  Are there adequate medical facilities where you are travelling to?  Are you prepared to remain in your holiday location for an extended period of time?  While generally holidays are a great thing for children (and we could all use a holiday, about now), given the uncertainty about future travel bans, you may wish to re-consider your travel plans.</span></span></p>
<p><img class="aligncenter size-full wp-image-13085" src="https://singlemum.com.au/wp-content/uploads/2020/03/BD378095-0B6F-4C98-AEAE-C66450F61591.jpeg" alt="Coronavirus mother and child" width="1600" height="1067" srcset="https://singlemum.com.au/wp-content/uploads/2020/03/BD378095-0B6F-4C98-AEAE-C66450F61591.jpeg 1600w, https://singlemum.com.au/wp-content/uploads/2020/03/BD378095-0B6F-4C98-AEAE-C66450F61591-300x200.jpeg 300w, https://singlemum.com.au/wp-content/uploads/2020/03/BD378095-0B6F-4C98-AEAE-C66450F61591-768x512.jpeg 768w, https://singlemum.com.au/wp-content/uploads/2020/03/BD378095-0B6F-4C98-AEAE-C66450F61591-1024x683.jpeg 1024w" sizes="(max-width: 1600px) 100vw, 1600px" /></p>
<h3><span class="s2"><span class="bumpedFont20">Final Message</span></span></h3>
<p><span class="s4"><span class="bumpedFont20">Communication with your child&#8217;s other parent will be crucial over the coming weeks, to navigate </span></span><span class="s4"><span class="bumpedFont20">COVID-19 challenges.  But a</span></span><span class="s4"><span class="bumpedFont20">bove all, you and your co-parent need to exercise caution and common-sense, to keep your children, and yourselves healthy and well.</span></span></p>
<p><span class="s5"><span class="bumpedFont20"><i>The matters contained in this article are the opinion of the writer by way of general information and are not legal advice. You should seek legal advice in relation to your personal circumstances before acting on any of the matters raised in this article.</i></span></span></p>
<p><a href="https://www.landers.com.au/our-people/monique-robb/" target="_blank" rel="noopener noreferrer external" data-wpel-link="external">Monique Robb</a> is an Accredited Specialist in Family Law. She is Special Counsel in the Family and Relationship Law team at Lander &amp; Rogers, which has the largest family law practice in Australia.  Monique has worked solely in the area of Family Law since 2007, including working as an Associate in the Federal Circuit Court.  Monique acts in matters in all areas of family law, including parenting (custody) matters, property matters, child support, financial agreements, asset protection and matters where one, or both parties, reside overseas.  For more information, contact Monique <a href="mailto:mrobb@landers.com.au">by email</a> or at <a dir="ltr" href="tel:+61%202%208020%207879" data-wpel-link="internal">+61 2 8020 7879</a></p>
<h4><a href="https://www.facebook.com/groups/singlemumsupport/" target="_blank" rel="noopener noreferrer external" data-wpel-link="external">Join the Australian Single Mum Support Facebook Group here</a>.</h4>
<p>The post <a rel="nofollow" href="https://singlemum.com.au/familylaw/coronavirus-covid19-share-parenting-custody" data-wpel-link="internal">Co-Parenting and Covid-19 &#8211; what you need to know</a> appeared first on <a rel="nofollow" href="https://singlemum.com.au" data-wpel-link="internal">Singlemum</a>.</p>
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		<title>Changing back to your maiden name after separation or divorce</title>
		<link>https://singlemum.com.au/features/family-law/changing-back-to-your-maiden-name-after-separation-or-divorce/</link>
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		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 10 Aug 2018 06:22:59 +0000</pubDate>
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					<description><![CDATA[<p>&#160; Changing back to your maiden name after separation or divorce Danielle Hadida, Lawyer &#124; 10 August 2018 Share Although there is no legal requirement to do so many separated or divorced women revert to using their maiden name&#8230; Although there is no legal requirement to do so, many separated or divorced women revert to using &#8230; <a href="https://singlemum.com.au/features/family-law/changing-back-to-your-maiden-name-after-separation-or-divorce/" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Changing back to your maiden name after separation or divorce</span> <span class="meta-nav">&#8594;</span></a></p>
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<h1><b>Changing back to your maiden name after separation or divorce</b></h1>
<p><img class="aligncenter size-full wp-image-11262" src="https://singlemum.com.au/wp-content/uploads/2018/09/changing-maiden-name.jpg" alt="Changing your maiden name after divorce" width="940" height="788" srcset="https://singlemum.com.au/wp-content/uploads/2018/09/changing-maiden-name.jpg 940w, https://singlemum.com.au/wp-content/uploads/2018/09/changing-maiden-name-300x251.jpg 300w, https://singlemum.com.au/wp-content/uploads/2018/09/changing-maiden-name-768x644.jpg 768w" sizes="(max-width: 940px) 100vw, 940px" /></p>
<p>Danielle Hadida, Lawyer | 10 August 2018</p>
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<h3>Although there is no legal requirement to do so <b>many separated or divorced women revert to using their maiden name&#8230;</b></h3>
<p>Although there is no legal requirement to do so, many separated or divorced women revert to using their maiden name. This is entirely a personal choice – as there is no legal requirement your Husband cannot make you stop using his surname if you wish to continue to do so after your separation. A Wife will often retain the Husband&#8217;s surname especially if the children also have that surname.</p>
<p>Changing your name is of course a separate issue to <a style="color: #0094e0;" href="https://singlemum.com.au/familylaw/change-childs-name-05012018-lgmlaw.html" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">changing the names of your children</a>. If you and your former partner do not agree to change your children&#8217;s names then an application will need to be made to the Family Court.</p>
<h3>But I never formally changed my name?</h3>
<p>Often at marriage, women do not formally register with the Department of Births, Deaths and Marriages that they have taken on their Husband&#8217;s surname. Generally, a copy of the Marriage Certificate is taken to the relevant institutions (such as your bank, insurance or employer) and the Wife indicates that she will now be going by her Husband&#8217;s surname.</p>
<p>If this is the case, it is relatively simple to go back to using your maiden name. You simply need to take with you a copy of the Marriage Certificate, Birth Certificate and, if applicable, the Divorce Order to the relevant institutions and inform them that you are reverting to your maiden name.</p>
<h3>I registered my change of name when I got married, now what do I do?</h3>
<p>If at the time of marriage or afterwards the Wife formally registered her change of name with the Department of Births, Deaths and Marriages she will then need to again file an application to change her surname back to her maiden name. This requires the completion of an application form and the production of the necessary identification documents</p>
<h3>Where do I have to change my name?</h3>
<p>Changing your name can be a lengthy process as you will need to notify all institutions of your change of name and order new copies of all documentation. Examples of these changes include:</p>
<p>1. The Australian Electoral Commission;</p>
<p>2. Your bank;</p>
<p>3. Your insurance companies;</p>
<p>4. The Department of Transport;</p>
<p>5. Utility companies;</p>
<p>6. Your employer;</p>
<p>7. Your passport;</p>
<p>8. Your superannuation fund; and</p>
<p>9. Medicare.</p>
<p>Danielle Hadida is a family lawyer at Kott Gunning Lawyers in Perth, Western Australia. Danielle has experience in all aspects of family law and is particularly interested in parenting matters and assisting victims of family violence.</p>
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		<title>Changing my child&#8217;s name without the other parent&#8217;s permission</title>
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		<pubDate>Thu, 05 Apr 2018 06:22:00 +0000</pubDate>
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					<description><![CDATA[<p>Changing my child&#8217;s name without the other parent&#8217;s permission LGM Family Law &#124; 05 April 2018 Share So, the question is &#8211; can you change your child&#8217;s name without the permission of the other parent? Following a separation, it sometimes happens that a parent wants to change their child&#8217;s surname. A parent may see this as &#8230; <a href="https://singlemum.com.au/features/family-law/changing-my-childs-name-without-the-other-parents-permission/" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Changing my child&#8217;s name without the other parent&#8217;s permission</span> <span class="meta-nav">&#8594;</span></a></p>
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<h1><b>Changing my child&#8217;s name without the other parent&#8217;s permission</b></h1>
<p>LGM Family Law | 05 April 2018</p>
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<h2>So, the question is &#8211; can you change your child&#8217;s name <b>without the permission of the other parent?</b></h2>
<p>Following a separation, it sometimes happens that a parent wants to change their child&#8217;s surname. A parent may see this as one way of helping the child identify themselves as part of a family, particularly if the family is a blended one. Where a child is estranged from the parent whose name the child shares, the other parent may want to change the child&#8217;s name so that the child feels better associated sharing the same surname as that parent. So, the question is – can you change your child&#8217;s name without the permission of the other parent?</p>
<h2><b>Where do I go to change my child&#8217;s name?</b></h2>
<div>
<p>Changing a name is a legal process and each state has a different Government department that you can go to for <a href="https://singlemum.com.au/features/changing-back-to-your-maiden-name-after-separation-divorce-10082018-danielle-hadida.html" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">changing back to your maiden name</a> or the name of your child.[1] But, you can&#8217;t just walk into the official office where you live and walk out with a new name for your child. You must provide the registry with authority from both parents for the name change. This is where complications can arise, for example, if you can&#8217;t locate the other parent.</p>
</div>
<h2><b>How do I know if I can apply to the Registry?</b></h2>
<div>
<p>The first question is whether or not you have the consent of the other parent for a name change. If not, you must consider any court orders that may be in place regarding parenting. If there are no parenting orders in place, then both parents of a child are said to have what is known as &#8220;parental responsibility&#8221; for the child.[2] If there are parenting orders in place, they may specify that parents have equal shared parental responsibility.</p>
</div>
<h2><b>But what is Parental Responsibility?</b></h2>
<p>Parental Responsibility (&#8220;PR&#8221;), is defined in the <i>Family Law Act 1975</i> as being &#8220;the duties, powers, responsibilities and authority which, by law, parents have in relation to children&#8221;.[3] As a parent with PR, you have the duty, the power, the responsibility and the authority, to make all decisions regarding the &#8220;major long-term issues&#8221; of your child. Major long term issues include things like the child&#8217;s name.</p>
<p>If there is no court order for parenting in place or if any parenting orders that you have don&#8217;t say anything about parental responsibility, the parents will anyway be presumed to have equal shared parental responsibility for the child. This means that the parents must consult with one another about any proposed change of a child&#8217;s name.</p>
<h2><b>What if we can&#8217;t agree?</b></h2>
<p>&#8220;Consulting&#8221; with the other parent requires the parents to make a &#8220;genuine effort&#8221; to reach a joint decision about the issue/s concerning the child.[4] If there are reasonable grounds to believe that a parent has engaged in abuse of the child or family violence, the presumption of equal shared parental responsibility does not apply.[5] However, before a court order may be issued providing a parent with sole PR, the court must be satisfied that those reasonable grounds exist for that belief or otherwise be satisfied that equal shared PR is not in your child&#8217;s best interests.[6]</p>
<p>In an event, if you can&#8217;t reach an agreement with the other parent for a change of your child&#8217;s name, attending a mediation with the other parent may resolve the issue. If you still can&#8217;t resolve the issue at a mediation, you may apply to the court seeking an order for a change of name[7].</p>
<h2><b>Best interest of the child</b></h2>
<p>In all parenting cases, the court will only make an order regarding the child which the court is satisfied is in the child&#8217;s best interests.</p>
<p>During any court proceedings, you must put your argument forward as to why it would be in the best interests of your child to have their name changed and the court will weigh up the arguments of each party.[8] The Court will consider the following factors in making a determination:-</p>
<p>a) the short and long term effects of any change in the child&#8217;s surname;</p>
<p>b) any embarrassment likely to be experienced by the child if it&#8217;s name is different from that of the parent with residence or day to day care of the child;</p>
<p>c) any confusion of identity which may arise for the child if his or her name is changed or is not changed;</p>
<p>d) the effect which any change in surname may have on the relationship between the child and the parent; and</p>
<p>e) the effect of frequent or random changes of name.[9]</p>
<p>The court may also consider matters such as:-</p>
<p>a) the advantages both in the short term and in the long term which will accrue to the child if their surname remains as it is now;</p>
<p>b) the contact that the other parent has had and is likely to have in the future with the child; and</p>
<p>c) the degree of identification that the child now has with each parent.[10]</p>
<p><i>LGM Family Law is a law firm based in Brisbane practicing exclusively in family law. Although based in Brisbane, LGM Family Law is able to assist clients, whether they are resident in Australia or overseas.</i></p>
<p><i>This article provides information only and is not a substitute for legal advice particular to your circumstances.</i></p>
<hr />
<p>[1] Registry of Births, Deaths and Marriages in Queensland, New South Wales, Victoria, South Australia, Western Australia, and Tasmania, Births Deaths and Marriages Office in the Northern Territory, and Access Canberra in the Australian Capital Territory.</p>
<p>[2] <i>Family Law Act 1975</i> (Cth), section 61C</p>
<p>[3] <i>Family Law Act 1975 </i>(Cth), section 61B</p>
<p>[4]<i>Family Law Act 1975 </i>(Cth), section 65DAC(3)</p>
<p>[5] <i>Family Law Act 1975</i> (Cth), section 61DA(2)</p>
<p>[6] <i>Family Law Act 1975</i> (Cth), section 61DA(4)</p>
<p>[7] A section 60I certificate must be filed with any application for parenting orders in accordance with the <i>Family Law Act 1975</i> (Cth) and may be obtained following a dispute resolution meeting between the parents and in other circumstances, including if a parent refuses to attend the meeting.</p>
<p>[8] S &amp; H [2007] FMCAfam 97 at [83]</p>
<p>[9] Chapman &amp; Palmer (1978) FLC 90-510</p>
<p>[10] Beach &amp; Stemmler (1979) FLC 90-692</p>
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		<title>Mothers warned not to tell the truth in Family Court</title>
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					<description><![CDATA[<p>OPINION: Mothers warned not to tell the truth in Family Court By Maurice Kriss ASM, Barrister (ret) &#124; 09 October 2016 &#8230;there are early warning signs which alert Mothers &#8220;something is wrong&#8221; One of the most mind bending decisions for a family lawyer is how to advise a mother whose child has suffered child abuse &#8230; <a href="https://singlemum.com.au/features/family-law/mothers-warned-not-to-tell-the-truth-in-family-court/" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Mothers warned not to tell the truth in Family Court</span> <span class="meta-nav">&#8594;</span></a></p>
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<p><h1><b>OPINION: Mothers warned not to tell the truth in Family Court</b></h1>
<p>By Maurice Kriss ASM, Barrister (ret) </a>  |  09 October 2016</p>
<h2>&#8230;there are early warning signs which alert Mothers </h2>
<h2 align=center> <b>&#8220;something is wrong&#8221;</b></h2>
<p>One of the most mind bending decisions for a family lawyer is how to advise a mother whose child has suffered child abuse by a father or partner. Any mother making such a discovery is immediately put into a quandary. Where should I go? Who should I talk to? How do I protect my child? </p>
<p>There are many ways that the perpetrator can abuse children. Some of them are not detectable by investigation in the early days of abuse. The grooming period starts as young as 2 years old. The child who loves his father will follow any direction that that the father suggests. The paedophile father will tell his child that he loves her dearly and what he teaches her is &#8220;a secret between her/him and daddy&#8221; and &#8220;do not tell mummy&#8221; sometimes the child is rewarded. As time goes by the conduct of the father and his child goes beyond the &#8216;touching&#8217; and into digital abuse and later penile abuse. Later in life the child is told by the father &#8220;do not tell mummy what we do or you will lose your father and mummy will go to Jail&#8221; In fear of losing both mummy and daddy the secret is kept until the physical pain can no longer be tolerated.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:center;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/family-court-child-abuse-5.jpg" alt="The paedophile father will tell his child not to tell mummy" - stock photo source: Bigstock.com" width="510" style="padding-bottom:0.5em;" /><br />The paedophile father will tell his child not to tell mummy</p>
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<p>From my experience with mothers, there are the early warning signs which alert them as to &#8220;something is wrong&#8221;. The child starts to act out some of the behaviour taught by the perpetrator not only on the mother, but friends and even strangers. One mother went to a coffee shop with friends where her young child started to touch the man on his scrotum under the table. On other occasions the child attempts to hump the mother and touch her body all over. Unfortunately, this behaviour will not be visually seen by anyone investigating the alleged abuse. However, the seeds have been sown. The child does not know that this behaviour is wrong.</p>
<p>As to digital and penile abuse, there are tell-tale signs, of bleeding or redness around the child&#8217;s anus or vagina. Many years ago, I was told by a father, who informed me he was given a lecture at a father’s group about how to answer questions in court when allegations of sexual abuse have been raised. When asked &#8220;How do you explain that the child was bleeding from the anus?&#8221; he said that he was informed to say &#8220;The child was constipated&#8221;. As to reddening around the anus or vagina &#8211; &#8220;The child had nappy rash or rubbing too hard with toilet paper&#8221;. It would appear that it was of concern to the fathers that they did not know how to answer these allegations. This was after the child spent time with the father during shared parenting, and a mother in her affidavit would include that the child was returned in such condition.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:center;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/family-court-child-abuse-1.jpg" alt="The problem emerges when the mother is told by the child that Daddy hurts me - stock photo source: Bigstock.com" width="510" style="padding-bottom:0.5em;" /><br />
 The problem emerges when the mother is told by the child that Daddy hurts me</p>
</div>
<p>The problem emerges when the mother or friends are told by the child that &#8220;Daddy hurts me&#8221;. I have seen a video of a children taken after the abuse, where the child is writhing in agony. This video together with other has been shown to politicians seeking their assistance. At least two of them could not see them right through, they found it too distressing. As can be expected nothing has been done. The Family Court may not allow them into evidence. Again the mother is seen to be a liar.</p>
<p>When the mother reports the abuse it is usually some time after the event that she finds out and very little or no tell-tale signs are visible. Which gives rise to the charge that the mother is lying. Sometime a Mother of the child&#8217;s friend informs the mother. Unfortunately the informant is in a dilemma because she may know both parents and is in a quandary what to do. When the friends mother decides to tell her, It could be sometime later. The mother may report it to the police or JIRT, or see a solicitor to make an application to the Family Court to seek orders for the protection of the child. It is when the mother visits a solicitor to assist her to protect her child that she first is informed of the reality of reporting sexual assault in the Family Court. Most experienced Family Lawyers will advise their client <b>NOT</b> to report sexual assault in their application. Nearly all the mothers I have met were so warned, but went ahead anyway. They would tell me that &#8220;when the court hears my case they will believe me&#8221;.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:center;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/family-court-child-abuse-3.jpg" alt="Most experienced Family Lawyers will advise their client NOT to report sexual assault - stock photo source: Bigstock.com" width="510" style="padding-bottom:0.5em;" /><br />
Most experienced Family Lawyers will advise their client NOT to report sexual assault</p>
</div>
<p>The Solicitor in some cases would refuse to take on the case because he knows in advance the outcome and doesn&#8217;t want the stress of fighting a losing battle. Or, losing a case that would damage his reputation. Because of equal parenting laws and attitude of judges towards equal parenting it is a task that few solicitors would wish to challenge.</p>
<p>Often mothers would tell me that her solicitor/barrister and the solicitor/barrister for the father would get into a huddle and discuss a deal to end the case as soon as possible. The advice usually given after the conference is &#8220;allow 50-50% shared parenting or the father will go for full custody&#8221;. I have been told that in some cases that her solicitor will advise the mother &#8220;agree now before he changes his mind&#8217;.</p>
<p>The mother is caught between &#8216;the devil and the deep blue sea&#8217;. Knowing if the father obtains equal parenting or similar orders, the child will still be abused, and not realising by fighting the agreed parenting order she may lose her child completely until he/she is 18 years old. Many mother do not wish to be party to such a proposal and stand their ground and wish to fight on. It is from this time onwards the mother and her child&#8217;s fate has been set in concrete. </p>
<p>Now begins a four act stage play which is repetitiously performed by the Court. The mother&#8217;s complaint on a form 4 together with a supporting affidavit is filed, and a copy of which is served on the father. </p>
<p>The father goes to a family law solicitor who advises the father to say that the mother is &#8216;delusional&#8217; and has been  for a long time suffering from mental illness, including in one case of post-natal depression, even though the child was 4 years old. The father&#8217;s affidavit reports that the mother&#8217;s behaviour has affected her reasoning and she is delusional.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:center;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/family-court-child-abuse-6.jpg" alt="The father goes to a family law solicitor who advises the father to say that the mother is 'delusional' - stock photo source: Bigstock.com" width="510" style="padding-bottom:0.5em;" /><br />
The father goes to a family law solicitor who advises the father to say that the mother is &#8216;delusional&#8217;</p>
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<p>The judge orders legal aid to provide an Independent Childs lawyer (ICL) who is far from being independent, and the ask ICL to obtain a psychological/family report from one of the approved psychologists/psychiatrists. There are only a hand full, and independent psychologist&#8217;s reports are not accepted by the court</p>
<p>The report is completed at exorbitant costs and is reported in a manner which supports the father&#8217;s contention that the mother is &#8220;delusional&#8217; suffering from &#8220;borderline personality disorder&#8221;, &#8220;enmeshment&#8221;, &#8220;over protective&#8221;, &#8220;over anxious&#8221;, &#8220;post-natal depression&#8221; &#8220;bi-polar disorder&#8221; to name a few. The report is so predictable that it reminds me of the final scenes in the film &#8220;Casablanca&#8221; Where the police officer stated &#8220;round up the usual suspects.&#8221;</p>
<p>One cannot help wondering if these psychologists have a template that they can fill in the names of their next victim. Dr Rikard-Bell claims he has done 2000 of these reports in 25 years in which he claims <a href="http://www.abc.net.au/radionational/programs/backgroundbriefing/in-the-child&#039;s-best-interests-v2/6533660" target="_blank" rel="nofollow external noopener noreferrer" data-wpel-link="external">90% of the mothers are liars</a>. Simple mathematics tells us that 1,800 mothers that he has reported on have lost their child/children until they are 18 years old or consent to shared parenting. Yet, neither the Judge nor the psychologists have the power to investigate any criminal activity. The only way of making such an outlandish claim is by making a report that the mother is mentally ill, and agreeing with his own false report and without any evidence to support it. No interviews are recorded so a false report can be made with impunity.</p>
<p>In some cases, mothers are forced to admit they were delusional if they wish to see their children again. This admission will automatically create &#8216;Orders&#8217; that will prevent the mother from reporting any future offence or, take them to a hospital or doctor or psychological help for the child without the father&#8217;s permission. You require the abuser&#8217;s permission to report his conduct. These inhuman order are sometimes made even when there is no admission as to being delusional.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:center;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/family-court-child-abuse-2.jpg" alt="Mothers have been forced to admit that they were delusional if they wished to see their children again - stock photo source: Bigstock.com" width="510" style="padding-bottom:0.5em;" /><br />
 Mothers have been forced to admit that they were delusional if they wished to see their children again</p>
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<p>What if a well advised mother tries to find a sympathetic policeman to investigate what the abuser has done. Assume the police officer or JIRT team decide the child is at risk and seek a DVO for the protection of the child. The race begins to the Family Court. The father makes application for parenting orders in the Court. The Family Court will override the DVO leaving the child unprotected until such times as the Family Court has undertaken their investigation and deliberation. These cases can take many years and interim orders for contact will usually provide an abundance of time with the father. The JIRT or police report supporting the child are dismissed out of hand.</p>
<p>A family lawyer who knows from experience the dilemma the mother must face once she commences proceedings to protect her child and his own dilemma on what to advise her, knows that the father with a grin on his face can say &#8220;Heads I win &#8211; tails you lose!&#8221;</p>
<p>Thousands women this week marched through the streets of Poland in protest of their government initiating a law that makes abortion illegal. How many mothers here would march through the streets of our capital cities in protest of the inhuman conduct of the Family Court in failing to protect children and allowing their sexual and physical abuse?</p>
<p>Until a sufficient number of the 12,000,000 women in Australia are prepared to come together with one voice, nothing will change. Join the National Child Protection Alliance and let&#8217;s fight.</p>
<p><strong>Maurice Kriss ASM<br />
(hon)President of the NCPA<br />
Barrister (ret)</strong></p>
<p><a href="http://ncpa.org.au/" target="_blank" rel="nofollow external noopener noreferrer" data-wpel-link="external">Go to the National Child Protection Alliance website here</a></p>
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		<title>Mothers being forced to agree to shared parenting or lose their child</title>
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		<pubDate>Thu, 29 Sep 2016 01:35:11 +0000</pubDate>
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					<description><![CDATA[<p>Opinion Mothers being forced to agree to shared parenting or lose their child By Maurice Kriss ASM, Barrister (ret) &#124; 23 September 2016 Mothers are being blackmailed into shared parenting in the Family Court &#8216;Magellan List&#8217; My name is Maurice Kriss and I am the President of the National Child Protection Alliance of Australia. (NCPA) &#8230; <a href="https://singlemum.com.au/features/family-law/mothers-being-forced-to-agree-to-shared-parenting-or-lose-their-child/" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Mothers being forced to agree to shared parenting or lose their child</span> <span class="meta-nav">&#8594;</span></a></p>
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<h3>Opinion</p>
<p><h1><b>Mothers being forced to agree to shared parenting or lose their child</b></h1>
<p>By Maurice Kriss ASM, Barrister (ret) </a>  |  23 September 2016</p>
<h2>Mothers are being blackmailed into shared parenting</h2>
<h2 align=center> <b>in the Family Court &#8216;Magellan List&#8217;</b></h2>
<p>My name is Maurice Kriss and I am the President of the National Child Protection Alliance of Australia. (NCPA) The National Child protection Alliance is a registered charity and nonprofit organization dedicated to the protection of Children and Young people from abuse and neglect. It was formed by researchers, academics, child welfare/ protection professionals, advocates for children, children&#8217;s lawyers and parents to promote the Rights of the Children under the UN conventions. </p>
<p>I was first admitted to The New South Wales Bar as a barrister in 1988. I predominantly practiced in the Criminal field of Law. Until, in 2007, when I was asked to appear for a mother who was appearing in the Family Court in Canberra. She alleged that her 3-year-old son had been anally assaulted by the child&#8217;s father. The mother in this case lives on the South Coast of New South Wales. This case launched me into a new pathway in law.</p>
<p>From that time onwards, my life took on a new direction. I joined the NCPA where I was asked to assist a number of mothers who had their children taken from them by the Family Court after reporting that their children had been sexually abused by their husband or partner and handed to the abuser. I was asked to assist mothers in all States of Australia excluding the Northern Territory. For the following eight years I appeared in these states mostly pro-bono. It was during these Court cases that I noticed a distinct pattern of corrupt conduct of the Family Court whereby the mothers were treated with abuse and disrespect. They were called liars and accused them of coaching their children to lie. The fact that very young children at the time were bleeding from the anus or vagina did not move police or Child Protection Authorities into doing proper investigations into the complaint of child sexual abuse. The Family Court Judges, were more concerned with discrediting the mothers and supporting the abuser. The conduct of the court in most of the cases in which I had appeared, were abominable. </p>
<div style="width:image 350px; font-size:80%; text-align:center; float:right;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/family-court-lawyer.jpg" alt="Mothers are being forced into shared care in Family Court" width="300" style="padding-bottom:0.5em;" /></p>
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<p>I was shocked to realise that conduct of the Family Court &#8216;Magellan List&#8217; was an orchestrated corrupt system that was designed to discredit mothers and remove their children from them. What was puzzling to me was what was their motivation for acting in such an inhumane manner. This question can be answered on another occasion.</p>
<p>The mothers that I have represented are only the tip of a very large iceberg. Over the years we are talking of thousands of mothers who have been described by the Judiciary as having had a &#8220;parentectomy&#8221; not appendectomy but a &#8220;parentectomy&#8221; the forcible removal of a mother from her child for the crime of reporting sexual abuse of her child by her husband or partner and in some cases the grandfather. It took me some time to realise that the mothers had lost their children from the moment they filled in a form 4 reporting sexual abuse. I endeavoured to report the conduct of the Family Court to friends and acquaintances, but was met with disbelief and their belief that mothers lie to stop their husband from seeing their children. I was accused of being obsessed and crazy. The Myth of lying mothers was deeply entrenched in the community. </p>
<p>It is reasonable for the community at large to ask why if what I am saying is correct, why have they not heard of the forcible removal of mothers from their children and the children handed to their sexual abusers? Why is not written in the newspapers or magazines or on the TV? The reason is that the Family court has a complete gag order which can punish anyone who breaches this order of silence with 12 months&#8217; jail. It is s121 of the Family Law Act. </p>
<p>The Chief justice of the Family Court, Dianne Bryant. Maintains that these draconian orders are to protect children. Nothing could be further from the truth. S121 is for the protection of Judges, employed selected psychologists, and the so called Independent Child Lawyers in their immoral and illegal conduct in removing mothers from their children. Unfortunately, it has been difficult to raise these issues of this corrupt system because of a gag order in the preventing them from doing so. So their conduct cannot be revealed to the general public. No newspaper will write about it, no radio station will report it and no TV program will cover it. They are warned off. Failure to comply can result in a jail sentence. However, articles are starting to appear about the dysfunction of the Family Court and complaints by mothers as to their treatment.</p>
<p>The NCPA presents the case against the Family Court of Australia to you on behalf of literally thousands of mothers and children around Australia who have suffered no less than war crimes against humanity. You will read a number of claims against the Family Court which include: Breaches of the United Nations Rights of the Child, Denial of Natural Justice and Human Rights. The misuse of equal parenting provisions in the Family Law Act to punish mothers and allow sexual abuse of their children. The appointment of the Independent Child&#8217;s Lawyer (ICL) by the Court to be used as a tool in supporting the destruction of the mother and in the conduct of the proceedings, support the father of the child or children. Most of them have never seen the children or the mother, but support the removal of the child from the primary carer.</p>
<p>For those who have had the misfortune of appearing in &#8216;The Magellan List&#8217; of the Family Court The ICL&#8217;s obvious bias against mothers during the court&#8217;s proceedings is patently obvious. In some cases, I would consider their conduct immoral. They cross the floor and openly support the father. The incestuous relationship between the ICL&#8217;s and the Judges in removing of, or, restricting the parenting of children by their mothers, is often quite obvious.</p>
<p>The Court&#8217;s selective appointments of psychiatrists or psychologist that are hired for the specific purpose of making false or negative reports against the mothers.</p>
<div style="width:image 350px; font-size:80%; text-align:center; float:left;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/forced-shared-care.jpg" alt="Mothers are being forced into shared care" width="300" style="padding-bottom:0.5em;" /></p>
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<p>The Fraudulent reports by psychologists or psychiatrist claiming the mothers are suffering from serious mental illnesses, for the purpose of removing the children from their mother and handing them to their abuser. The bias of psychologists that use a template of mental disorders for the purpose of recommending to the court the removal of children from their mothers. The exorbitant fees charged by the selected psychologist as much as $27000 or more for 3 one hourly interviews. It is not unusual for a mother to have to find $150,000 to try and protect their children from sexual abusers, only to find at the end of the day that the result was pre-determined from when the mother walked into the Court and filed a form 4 complaining of sexual abuse. It is quite amazing that the Psychologists and the Family Court maintain the mothers are delusional, in addition to every known mental illness known to man, and yet these mothers have provided every last cent in legal fees to protect their children from abuse. Neither would a mother lie, and go to such lengths to maintain that lie.</p>
<p>The NCPA charges the Family Court, with consistent breaches of the &#8216;Denial of Natural Justice&#8217;, &#8216;Breach of human rights&#8217;, and knowingly and &#8216;consistently committing mental torture, to mothers and children. This is a most serious statement, It, is not made lightly. This claim is not uniquely an Australian problem but a world-wide problem, at least in the UK and the USA, Denmark and Ireland, where children are removed from their mothers for doing what they are mandated to do, care and protect their child,</p>
<p>It is the intention of the NCPA to provide sufficient evidence to support a Senate Inquiry of the corrupt and inhumane practices of the Family Court that have brutally removed children from their mothers and, sent their children to live with those whom, have sexually assaulted, raped or abused them. Unfortunately, it may be a little time before we can convince enough politicians to &#8216;bite the bullet&#8217; and do what they are mandated to do, serve the people. Unfortunately, many mothers are too scared to put pen to paper lest they reap the wrath of the Family Court. </p>
<p>We ask how in the name of humanity in the 21st century can a civil court remove a child from its primary carer and hand that child to its abuser. Some have been convicted of major crimes, sexual abuse and even Paedophilia. Yet the Family Court would prefer the child or children to be in the hands of a rapist than a caring mother.</p>
<p>One Australian, mother who now lives overseas was raped by her husband and awarded criminal compensation of $10,000 even she lost her child to the abuser in the Family Court, The Court found this fact not relevant. We ask, what in heaven&#8217;s name could possibly have justified such an inhuman act? I wish to raise the issue of consistent torture conducted by the Family Court. </p>
<p>Most people have an idea of the meaning of &#8220;natural Justice and the denial of human rights, but torture is another matter. Many people consider torture to be a physical action usually to force out a confession that is not the case. Torture is described as; Dec 9, 2005 &#8211; The full UN definition of torture in the convention is: &#8220;Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of committing.</p>
<div style="width:image 350px; font-size:80%; text-align:center; float:right;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/forced-share-care1.jpg" alt="Mothers are being forced into shared care" width="300" style="padding-bottom:0.5em;" /></p>
<p></div>
<p>It is the NCPA&#8217;s charge that the family Court when removing children from their primary care and handing them to those who have abused or, sexually abused them, is &#8220;torture&#8221; The Court can and does refuse the mother to see her children until the child is 18 years of age. The Court also makes shared parenting orders which can also be described as torture. The mental distress on both children and mothers can be rightfully described as torture as a result many children and their mothers, suffer serious illness as a result. Members of the NCPA have witnessed the suffering of both mothers and children over the years. </p>
<p>You may or may not be aware, the Family Court has no mandate to investigate criminal matters, and totally relies on the respective states Police and Child Protection professionals to investigate claims of domestic violence and sexual assault. Experience has taught us that if the child is not old enough to be cross examined very little if anything, is done. On the few occasions when a report substantiates the child has been abused The Family Court has been known to dismiss the report. Once it is known that The Family Court is involved in an investigation, Police and protection officers lose interest. More often than not report &#8220;unsubstantiated&#8221; a code word for the mother is a liar and the child has been taught to lie. </p>
<p>Young children have no concept of adult sexual activity, and no matter how you try to put such concepts into a child&#8217;s mind it would not work. Even older children cannot maintain a sexual lie under investigation. You may ask if there is no proof that the mother is lying on what basis can a Court order the child to live with the abusive father? If the mother can be shown to suffer from a mental illness, the best interest of the child can be best served by removing the child from the mother, &#8216;a parentectomy&#8217; to do this requires the assistance of a Psychologist or Psychiatrist like Dr Rikard Bell who <a href="http://www.abc.net.au/radionational/programs/backgroundbriefing/in-the-child&#039;s-best-interests-v2/6533660" target="_blank" rel="nofollow external noopener noreferrer" data-wpel-link="external">openly boasted that he has done at least 2000 reports for the Family Court and has found 90 percent of mothers were liars</a>. The result is that the mother may have to accept shared parenting or total removal until the child on the basis of these reports the mother, in the best interest of the child. </p>
<p>Many mothers, are forced to sign consent orders agreeing to shared parenting with the abuser or lose the child for many years. What evidence do I have to such corrupt conduct, in one case I was asked to join the ICL in a room within the court.</p>
<p>She said to me: &#8220;Your client is a most disgusting mother.&#8221;</p>
<p>I asked her: &#8220;Have you met my client?&#8221;</p>
<p>She said: &#8220;No&#8221;</p>
<p>I asked: &#8220;Have you met the child?&#8221;.</p>
<p>She said: &#8220;No&#8221;</p>
<p>She then said to me &#8220;The judge will give your client three chances to agree with his orders. He will raise his hand and show three fingers after each time the will ask you the same question three times, if your client does not agree she will lose her child, do you understand me?&#8221; </p>
<p>The father after an initial period of supervised contact was given shared parenting. The man was accused of anal penetration of his 3-year-old child, had one computer with 7,800 pornographic images on his computer and 82,000 on another computer. The selected images submitted of the children were aged by ANU as between 12-13 years old. His Honour dismissed the pornographic material and other evidence Raised his three fingers as the ICL stated and made the above orders. </p>
<p>A painful choice, have your child abused for only half the time or all the time.</p>
<p>It has been reported that some mothers are forced to admit that they were delusional when they reported the sexual assault. Having now admitted that they were delusional, the mothers is given gag order preventing them reporting further sexual abuse to the police or any other authority. Ordered that the mother cannot take the child to a doctor, hospital, or Psychologist without the father&#8217;s approval.</p>
<p>Unfortunately, the conduct of the Family Court cannot be completely covered in this article. The question is what can we do about making change? Woman make up approximately 50% of the population that is approximately 11.5 Million. For more than a hundred and thirty years&#8217; women fought for the rights for equality. We need women to <a href="http://ncpa.org.au/" target="_blank" rel="nofollow external noopener noreferrer" data-wpel-link="external">support the NCPA to make change</a>. We need a lot of women to support us. Without women fighting for change, the same abominable conduct will continue for years to come.</p>
<p>The support should not only be from mothers who have been abused but from across the general community. I believe a lot of honest men would join you if we can get the message out.</p>
<p><strong>Maurice Kriss ASM<br />
(hon)President of the NCPA<br />
Barrister (ret)</strong></p>
<p><a href="http://ncpa.org.au/" target="_blank" rel="no-follow external noopener noreferrer" data-wpel-link="external">Go to the NCPA website here</a></p>
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		<title>Spousal Maintenance &#8211; what is it?</title>
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		<pubDate>Sun, 14 Feb 2016 01:33:51 +0000</pubDate>
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					<description><![CDATA[<p>Australian Separation and Divorce Articles Spousal Maintenance: What is it? Rebecca Barron &#8211; Accredited Family Law Specialist &#8211; Collaborative Lawyer &#124; 14 February 2016 A consideration of whether a party is eligible to receive Spousal Maintenance has 2 elements&#8230; Spousal Maintenance is a concept that family lawyers often talk about, and often don&#8217;t explain very &#8230; <a href="https://singlemum.com.au/features/family-law/spousal-maintenance-what-is-it/" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">Spousal Maintenance &#8211; what is it?</span> <span class="meta-nav">&#8594;</span></a></p>
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<h1><b>Spousal Maintenance: What is it?</b></h1>
<p>Rebecca Barron </a> &#8211; Accredited Family Law Specialist &#8211; Collaborative Lawyer  |  14 February 2016</p>
<h2>A consideration of whether a party is eligible<br />
<b> to receive Spousal Maintenance has 2 elements&#8230;</b></h2>
<p></p>
<p>Spousal Maintenance is a concept that family lawyers often talk about, and often don&#8217;t explain very well. I&#8217;ll call it &#8220;maintenance&#8221; throughout this article, as it applies to married couples and de facto couples (including same sex relationships). </p>
<p>The <i>Family Law Act</i> (Cth) 1975 (the &#8220;Act&#8221;) provides that a party to a relationship is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support themselves adequately whether by reason of having the care and control or a child of the relationship who is under 18 years of age; by reason of age or physical or mental incapacity for appropriate gainful employment; or any other adequate reason having regard to a number of factors set out in a section of the Act.</p>
<h3><b>So…..what does that mean?</b></h3>
<p><div style="font-size:80%; text-align:right; float:right;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/spousal-maintenance-2.jpg" alt="Spousal Maintenance - Bigstock images" width="250" style="padding-bottom:0.5em;" /></div>
<p>A consideration of whether a party is liable to pay (or eligible to receive) Spousal Maintenance has 2 elements:</p>
<ol>
<li>
<h3>Does the receiving party have a need for financial assistance? </h3>
<p>This refers back to the words of the Act <i>&#8220;if that other party is unable to support themselves adequately&#8221;</i>. That is, is the receiving party&#8217;s income less than their expenses? Are they unable to return to the workforce to improve their financial position because they are caring for the children? Has it been some considerable time since they were last in the workforce, and is some re-training necessary? These are only a few of the questions looked at when considering if someone has a &#8220;financial need&#8221;.</p>
</li>
<li>
<h3>Does the paying party have a capacity to provide financial assistance to the other?</h3>
<p>This refers back to the words of the Act <i>&#8220;is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so&#8221;</i>. Does the party liable to pay maintenance have a surplus of income each week? Does the paying party have funds in a bank account that can be accessed to pay maintenance? Again, these are only a few of the questions looked at when considering if someone has the &#8220;capacity to pay&#8221;.</p>
</li>
</ol>
<p>Maintenance is often not considered properly in family law matters, and it is important to receive advice from a lawyer who specialises in family law so they can properly assess whether maintenance is something relevant to your family law matter (i.e. whether you are eligible to receive, or at risk of paying).</p>
<h3><b>Possible impacts upon Property Settlement</b></h3>
<p>It is also important to understand how maintenance may relate to or impact upon your property settlement.  Strictly speaking, maintenance is a separate claim from a property claim, however family lawyers may often talk about them together, or talk about maintenance as though it’s part of a property settlement (and it may be depending on the structure of the settlement).</p>
<h3><b>Time limitations</b></h3>
<p>As with all matters, there are relevant time limitations to be aware of.  Parties who were married and have now divorced must commence proceedings for a maintenance claim within 12 months of their divorce, otherwise they may be prevented from doing so.  Parties who were in a de facto relationship only have 2 years from separation to bring their claim, otherwise they may be prevented from doing so.  I strongly recommend that anyone who is concerned they are nearing a limitation date seek advice as quickly as possible.</p>
<p></p>
<p><i>Rebecca Barron is an Accredited Specialist in Family Law, and also a Collaborative Lawyer for <a href="http://www.pulloslawyers.com.au" target="_blank" data-wpel-link="external" rel="external noopener noreferrer">Pullos Lawyers</a>.  Rebecca specialises in family law, dealing with property and parenting matters.  She also has significant experience in the area of Domestic Violence.  Rebecca is based on the Gold Coast, Queensland however acts for clients nationwide and internationally.</i></p>
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<p> <font size="1"><em>This article may not be reprinted, reproduced, or retransmitted in whole or in part without the express written consent of SingleMum.com.au. This article contains only general information. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional. Read the full <a href="https://singlemum.com.au/misc/disclaimer.html" target="_blank" data-wpel-link="internal">Singlemum.com.au Disclaimer here</a></em></font></p>
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		<title>What to tell the children when you are separating</title>
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		<pubDate>Thu, 29 Oct 2015 01:32:51 +0000</pubDate>
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					<description><![CDATA[<p>Australian Separation and Divorce Articles Parenting After Separation Part 2 What to tell the children when you are separating Julia Brierley &#124; Family Mediator &#124; 29 October 2015 Telling your children that you are planning to separate is one of the hardest things you are ever likely to do Telling your children that you and &#8230; <a href="https://singlemum.com.au/features/family-law/what-to-tell-the-children-when-you-are-separating/" class="more-link" data-wpel-link="internal">Continue reading <span class="screen-reader-text">What to tell the children when you are separating</span> <span class="meta-nav">&#8594;</span></a></p>
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<h3>Parenting After Separation Part 2</h3>
<h1><i>What to tell the children when you are separating</i></h1>
<p>Julia Brierley  |  Family Mediator  |  29 October 2015</p>
<h2 align="center">Telling your children that you are planning to separate<br />
<b>is one of the hardest things you are ever likely to do</b></h2>
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<p>Telling your children that you and your ex partner are planning to separate is one of the hardest things you are ever likely to do. It requires sensitivity, understanding and a calm approach, all things that may be difficult at this most stressful of times. But helping your kids understand the reasons for your break-up and that it is not their fault is the first step in helping them begin to adjust to the changes that lie ahead for the family. For guidance on how to prepare for separation before you tell your children, see <i>Part One</i> of this series, <a href="http://familylaw.singlemum.com.au/parenting-after-separation-1-09102015.html" target="_blank" rel="nofollow external noopener noreferrer" data-wpel-link="external"><i>10 Steps To Take Before You Tell Your Children</i></a>.</p>
<h2><b>Planning how to tell the children.</b></h2>
<p>The most important step is to first work out with your ex partner how, when and where you will break the news to your children that you are separating. This moment is likely to stay with them forever, so try and plan a family meeting on a day that does not hold any special significance, such as a family birthday or Christmas. If at all possible, you should both tell the children together.</p>
<p>The age of your children will help determine when you decide to share this news. For younger children, a couple of weeks in advance is sufficient, as they are likely to become anxious if too much notice is given. Older children and adolescents may need a few weeks&#8217; notice to adjust and plan for any changes in their lives.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:right;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/separating-parents-having-a-talk-with-teen.jpg" alt="If at all possible, you should both tell the children together - source: Bigstock images" width="210" style="padding-bottom:0.5em;" /><br />
	If at all possible, you should both<br />
	tell the children together</p></div>
<p>Once you have told your children, be ready to let them share their feelings and concerns and encourage them to come back to you with questions over the coming weeks. Whilst it is appropriate to provide comfort and reassurance, resist the urge to treat your child as a confidante, which puts them at risk of feeling responsible for your wellbeing. Protecting your children from exposure to adult issues gives them the best chance of adjusting to the separation on their own terms and at their own pace. No matter what is going on between the parents, a child needs the freedom to enjoy just being a child.</p>
<h2><b>Keep the message clear and simple</b></h2>
<p>Your children need to know what to expect, in language they understand, and with plenty of reassurance about what the future holds. </p>
<p>In general, the more concrete the message, the easier it is for children to grasp<i>. &#8220;Mummy and Daddy have been fighting a lot&#8221;</i> is more meaningful to a young child than <i>&#8220;Mummy and Daddy haven&#8217;t been getting along&#8221;</i>. Simple explanations can help a child understand what is going to happen next: <i>&#8220;We want to stop fighting but we haven&#8217;t been able to do that, so we think it will be better not to live together any more. Mum will stay in this house and Dad will move into another home close by, so that you and Dad will see each other and spend time together often&#8221;.</i></p>
<p>Younger children are quite egocentric, so a key concern at this age is likely to be who will look after them. They often worry that if one parent can leave, the other may also follow. It can help to focus on a core message that you keep coming back to over the coming weeks, so that your children are reassured that you will both continue to care for them and that the problems in your marriage are not their fault.</p>
<div style="width:image 510px; font-size:80%; text-align:center; float:centre;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/Mother-And-Daughters-divorce-talk.jpg" alt="Simple explanations can help a child understand what is going to happen next - source: Bigstock image" width="510" style="padding-bottom:0.5em;" /><br />
Simple explanations can help a child understand what is going to happen next</font></div>
<p><em>&#8220;One thing we want you to understand is that we will always be your Mum and Dad and we will always be there for you. You are the most important people in the world to us and our love for you will never change. We know this is not easy for you but we have thought long and hard about our decision. None of this is your fault and it&#8217;s not something you can fix&#8221;.</em></p>
<p>Older children and adolescents may well have been aware of conflict in the home, but may still feel blindsided or betrayed that they weren&#8217;t consulted on such a momentous decision. It can help to acknowledge that the news may have come as a shock and that the decision was not one that you took lightly. Teenagers should be given the time and space to reflect on the news in private, whilst gently being reminded that you are available to talk whenever the time is right for them. </p>
<div style="width:image 510px; font-size:80%; text-align:center; float:centre;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/serious-teen-with-father.jpg" alt="Teenagers should be given the time and space to reflect on the news in private - source: Bigstock image" width="510" style="padding-bottom:0.5em;" /><br />
Teenagers should be given the time and space to reflect, whilst reminded that you are always available to talk</font></div>
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<h2><b>Explain what will happen next</b></h2>
<p>If possible, reassure your children that their routines and social life will continue even if one parent is moving out. They will want to know whether they will get to see their friends, spend time with extended family and participate in activities, just as they did before. If you are uncertain what the future holds, let your kids know that the two of you are working on this together and that you will keep them in the loop as regards what is happening.</p>
<p>Remember that your children will be worried about your wellbeing and how each of you will cope living apart. Let them know that whilst everyone in the family may feel sad and confused for a while, things will start to get better. As their Mum and Dad, you will both continue to be there for them no matter what happens in the future. <i>&#8220;We want you to love us both and never have to choose between us&#8221;</i> is an incredibly powerful message that will allow your children to move between two homes without feeling anxious or conflicted.</p>
<h2><b>It takes a village&#8230;.</b></h2>
<p>Trusted friends and family such as grandparents, aunts and uncles, can be a great source of support for your children in the months following separation, as long as they avoid taking sides when in your children&#8217;s company. Whilst some in your social circle may feel angry or conflicted, most people will take their lead from you. </p>
<div style="width:image 510px; font-size:80%; text-align:center; float:centre;padding-left:0.9em; padding-right:0.9em;"><img src="http://familylaw.singlemum.com.au/images/Grandparents-support-sitting-with-gran.jpg" alt="Grandparents can be a great source of support for your children - source: Bigstock image" width="510" style="padding-bottom:0.5em;" /><br />
  Grandparents can be a great source of support for your children</font></div>
<p>Let people know that you and your ex partner are working towards a co-parenting partnership, even if things are difficult in the short term. Children will often confide in a trusted family member or friend rather than burden their parents with their concerns, so encourage your children to maintain these relationships on both sides of the family.</p>
<p>Teachers and school counsellors should also be made aware of the situation so that they can discreetly support your child at school. If it looks like any of your children is struggling, talk to the school counsellor or seek professional support from a child psychologist to help manage the transition over the next few months.</p>
<p>Research has shown that if separating couples are able to maintain a civil relationship, protect their children from conflict and continue to be involved parents, children are resilient enough to bounce back from family separation and lead happy, healthy lives of their own.</p>
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<h3>For tips on how to prepare, see Part One of this series, <a href="http://familylaw.singlemum.com.au/parenting-after-separation-1-09102015.html" target="_blank" data-wpel-link="external" rel="external noopener noreferrer">&ldquo;10 steps to take before you tell your children&rdquo;</a></h3>
<p>Julia Brierley<br />
BSc (Psych), BA (Hons)<br />
Managing Director, Sydney Dispute Resolution</p>
<p><i>Julia is a family mediator, relationship counsellor and parenting coach with extensive experience working with single parents and couples going through separation and divorce. She is the Managing Director and co-founder of Sydney Dispute Resolution, an independent mediation and family dispute resolution service that assists separating couples to work out their parenting and financial arrangements without the need to go to court. To contact Julia, please go to the <a href="http://www.sydneydisputeresolution.com.au/#!about-us/c1n8o" target="_blank" rel="nofollow external noopener noreferrer" data-wpel-link="external">Sydney Dispute Resolution website here</a></i></p>
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