What age can my child decide which parent they live with or spend time with?

There is no specific age at which a child can decide who they live with or whether they choose to exercise contact to the other parent.  Children are minors until they reach 18 years of age. 

A child can express a view generally in the context of a family report writer’s meeting with them about who they want to live with and whether they wish to spend time with the parent. However, any decision regarding children's living arrangements must be made in the best interests of the child.

If you require expert advice regarding parenting matters, please contact our family law department on 03 9614 7111.

Read More»

Can I register for Child Support when one parent lives overseas?

Either parent may be able to:

• Apply for an Australian child support assessment;
• Register a Maintenance Order, Assessment or Agreement from another country for collection in Australia if the Order, Assessment or Agreement was established in a country listed as a reciprocating jurisdiction for Australia;
• Obtain an Australian Court Order requiring the other party to pay child support. An Australian Court Order can be registered with the Child Support Agency for collection. Collection options can be limited however, where a paying parent lives overseas especially if the parent lives in a country that is not listed as a reciprocating jurisdiction for Australia.

Please contact Nevett Ford Lawyers on 03 9614 7111 for further advice in this complex area.

Read More»

Parenting post-separation – don’t become a victim to statistics

The Australian Institute of Family Studies (AIFS) recently released research which showed that only 6% of children under 17 spent equal time with both mother and father. Yet regularly family lawyers will be regularly instructed to seek an equal shared care arrangement, or what many clients refer to as ‘shared custody’. Why doesn’t this frequent desire of separated parents often materialise in reality?

There are a variety of factors that the Family Law Act (Cth) 1975 requires be considered in making Orders concerning parenting arrangements, and a good family lawyer will advise their client of these factors early on in their consultation, including the paramount consideration of the best interests of the children. It is frequently not seen to be any easy experience for children, already dealing with the difficulty of mum and dad living in separate houses, to have to live out of a suitcase on a week-on week-off arrangement. Our lawyers are experts at identifying what issues preclude an equal shared arrangement early on, so that you can ensure that your situation is appropriately managed and directed so that you improve you can get the result you are seeking. 

One more issue to come out of AIFS’ research however should be kept in mind – half of children of relationships that have broken down do not spend any overnight time at their non-resident parents’ home. By even taking the step of seeking and maintaining regular time with your children, you will be significantly shifting the odds in your favour. Call our office today to seek advice on how best to progress your situation.

Read More»