Blog

<h2>Understanding Parenting Orders</h2>

<p>Parenting orders in Australia are legal decisions made by the court, which dictate the responsibilities of both parents when it comes to their children. These orders can cover various aspects such as who the child will live with, the time they will spend with each parent, and other aspects of their care and welfare. <strong>Understanding these orders is crucial for all parents navigating a separation or divorce.</strong></p>

<figure id="figure-snhtdja22hlntwp4yu"><img id="snhtdja22hlntwp4yu" src="https://images.unsplash.com/photo-1475609471617-0ef53b59cff5?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwyOHx8cGFyZW50aW5nJTIwb3JkZXJ8ZW58MHx8fHwxNjk3NTE4NzQxfDA&ixlib=rb-4.0.3&q=80&w=1080" alt="parenting order" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>The Types of Parenting Orders</h2>

<p>There are four main types of parenting orders in Australia: residence, contact, specific issues, and maintenance orders. <strong>Residence orders</strong> specify whom the child will live with. <strong>Contact orders</strong> determine the time the child will spend with the parent they do not live with. <strong>Specific issues orders</strong> cover particular aspects of the child's upbringing such as education and health. Finally, <strong>maintenance orders</strong> deal with financial support for the child.</p>

<h2>Applying for a Parenting Order</h2>

<p>Before applying for a parenting order, parents are required to attempt family dispute resolution. This is a process where a neutral third party assists the parents in reaching an agreement. If an agreement cannot be reached, then a certificate is issued which allows the parents to apply to the court for a parenting order.</p>

<figure id="figure-ubmn2g3cbhlntwqh02"><img id="ubmn2g3cbhlntwqh02" src="https://images.unsplash.com/photo-1504439268584-b72c5019471e?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxNXx8ZmFtaWx5JTIwZGlzcHV0ZSUyMHJlc29sdXRpb258ZW58MHx8fHwxNjk3NTIxOTQxfDA&ixlib=rb-4.0.3&q=80&w=1080" alt="family dispute resolution" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>How the Court Makes Decisions</h2>

<p>When making a decision about parenting orders, the court's primary concern is the best interests of the child. Several factors are considered, including the child's views, their relationship with each parent, and any risk of violence or harm. The court also takes into account the willingness and ability of each parent to facilitate a close and continuing relationship between the child and the other parent.</p>

<h2>Changing a Parenting Order</h2>

<p>A parenting order remains in effect until the child turns 18, unless it is changed by the court. To change a parenting order, there must be a significant change in circumstances and the court must be convinced that the change is in the child's best interests.</p>

<figure id="figure-2zun3rgblntwrrxr"><img id="2zun3rgblntwrrxr" src="https://images.unsplash.com/photo-1585231059875-65414c63f26d?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxMHx8Y2hhbmdpbmclMjBwYXJlbnRpbmclMjBvcmRlcnxlbnwwfHx8fDE2OTc1MjIwMDJ8MA&ixlib=rb-4.0.3&q=80&w=1080" alt="changing parenting order" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Enforcing Parenting Orders</h2>

<p>If a parenting order is not being followed, the aggrieved party can apply to the court for enforcement. The court has a range of powers to enforce an order, including imposing a fine or a prison sentence, ordering attendance at a post-separation parenting program, or altering the terms of the existing order.</p>

<h2>In Conclusion</h2>

<p>Parenting orders play a crucial role in ensuring the wellbeing of children following the separation or divorce of their parents. Understanding the process and implications of these orders can help parents navigate this challenging time with greater ease and clarity.</p>

<figure id="figure-9q23ox8xamlntws2o8"><img id="9q23ox8xamlntws2o8" src="https://images.unsplash.com/photo-1585183575469-343460119976?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHw4fHxwYXJlbnRpbmclMjBvcmRlciUyMGNvbmNsdXNpb258ZW58MHx8fHwxNjk3NTIyMDE1fDA&ixlib=rb-4.0.3&q=80&w=1080" alt="parenting order conclusion" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

Parenting order in Australia

<h2>Understanding Divorce in Australia</h2>

<p>Divorce is never an easy decision, but understanding the process can help make it less stressful. In Australia, the process is governed by the Family Law Act 1975. It's important to note that the legal process of divorce only ends the marriage. It does not deal with issues such as property division or child custody. Those issues are dealt with separately.</p>

<image:divorce papers/>

<h2>Eligibility for Divorce</h2>

<p>To apply for a divorce in Australia, you or your spouse must either regard Australia as your home and intend to live indefinitely in Australia, be an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for at least 12 months before the divorce application.</p>

<h2>Separation Period</h2>

<p>Before you can apply for a divorce, you need to have been separated from your spouse for at least 12 months and one day. This is a mandatory requirement. <strong>If you have been living under the same roof, it is possible to be considered separated, as long as the relationship has ended.</strong></p>

<figure id="figure-qly0ieoihrslntwrdu8"><img id="qly0ieoihrslntwrdu8" src="https://images.unsplash.com/photo-1563208723-761ffcc18fbe?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwyNXx8c2VwYXJhdGlvbiUyMHBlcmlvZHxlbnwwfHx8fDE2OTc1MjE5ODN8MA&ixlib=rb-4.0.3&q=80&w=1080" alt="separation period" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h3>Separation under one roof</h3>

<p>If you and your spouse have separated but continue to live in the same home during part or all of your 12-month separation period, you will need to provide additional evidence to the court. This might include an affidavit from you and/or from an independent witness.</p>

<h2>Filing for Divorce</h2>

<p>The divorce application process involves filling out and filing a divorce application form with the Family Court. This can be done online. You can apply for a divorce by yourself, or together with your spouse. If you are making a joint application, you do not need to serve documents.</p>

<figure id="figure-2eu9hp93wplntwrgr9"><img id="2eu9hp93wplntwrgr9" src="https://images.unsplash.com/photo-1647142813329-13d97b6a13ff?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwyNXx8ZmlsaW5nJTIwZm9yJTIwZGl2b3JjZXxlbnwwfHx8fDE2OTc1MjE5ODd8MA&ixlib=rb-4.0.3&q=80&w=1080" alt="filing for divorce" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Attending the Hearing</h2>

<p>If there are no children of the marriage aged under 18 years, you are not required to attend the court hearing. However, if there are children of the marriage aged under 18 years, you (the applicant) are required to attend the hearing.</p>

<h2>After the Divorce</h2>

<p>Once the divorce is granted, it becomes final one month and one day later unless a special order is made by the court to shorten that time. You are then free to remarry. Remember, <b>you should not plan to remarry until the divorce order is final.</b></p>

<figure id="figure-fkor7exb3xlntwrqly"><img id="fkor7exb3xlntwrqly" src="https://images.unsplash.com/photo-1633725519534-a3b98b7b153f?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHw4fHxhZnRlciUyMGRpdm9yY2V8ZW58MHx8fHwxNjk3NTIyMDAwfDA&ixlib=rb-4.0.3&q=80&w=1080" alt="after divorce" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Getting Legal Advice</h2>

<p>It's always advisable to seek legal advice when considering a divorce. A family lawyer can guide you through the process, help you understand your rights and responsibilities, and ensure that your interests are protected.</p>

Getting a divorce in Australia

<h2>Understanding the Legalities</h2>

<p>When considering moving your child to another city after separation in Australia, it is essential to understand the legalities involved. The Family Law Act 1975 stipulates that a child has a right to have a meaningful relationship with both parents, provided it is in their best interest. <strong>Any decision to relocate must be made with this principle in mind</strong>.</p>

<image:family law/>

<h2>Communicating with the Other Parent</h2>

<p>It is always recommended to discuss your intentions with the other parent before making any major decisions. This can help to avoid any unnecessary conflict and ensure that both parents are on the same page about what is best for the child.</p>

<h3>Written Consent</h3>

<p>If the other parent agrees to the move, it is advisable to get their consent in writing. This can help to avoid any future disputes or misunderstandings about the agreement.</p>

<image:written consent/>

<h2>Seeking Legal Advice</h2>

<p>Whether the other parent agrees to the move or not, it is always a good idea to seek legal advice. <b>A family lawyer can guide you through the process and ensure that your child's best interests are being prioritized</b>.</p>

<h3>Applying for a Court Order</h3>

<p>If the other parent does not agree to the move, you may need to apply for a court order. This can be a complex process and it is recommended to seek legal assistance.</p>

<figure id="figure-4tj36ftsetlntwqoq1"><img id="4tj36ftsetlntwqoq1" src="https://images.unsplash.com/photo-1649653084130-06638e40ca25?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHw3fHxjb3VydCUyMG9yZGVyfGVufDB8fHx8MTY5NzUyMTk1MXww&ixlib=rb-4.0.3&q=80&w=1080" alt="court order" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Considering the Child's Best Interests</h2>

<p>When making any decisions about your child's living arrangements, the most important factor to consider is their best interests. This includes their physical and emotional wellbeing, their relationship with both parents, and their adjustment to change.</p>

<h3>Factors to Consider</h3>

<ul>
  <li>The age of the child</li>
  <li>The child's relationship with both parents</li>
  <li>The impact of the move on the child's education and social life</li>
  <li>The child's views and feelings</li>
  <li>Any history of family violence or abuse</li>
</ul>

<figure id="figure-eib8ba5fxlntwqq2r"><img id="eib8ba5fxlntwqq2r" src="https://images.unsplash.com/photo-1613043547055-4efe0dfa9814?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxNHx8Y2hpbGQlMjdzJTIwYmVzdCUyMGludGVyZXN0c3xlbnwwfHx8fDE2OTc1MjE5NTJ8MA&ixlib=rb-4.0.3&q=80&w=1080" alt="child's best interests" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>The Final Verdict</h2>

<p>Moving your child to another city after separation is a significant decision that requires careful consideration and planning. It is essential to communicate with the other parent, seek legal advice, and prioritize your child's best interests. <strong>Remember, every family's situation is unique and there is no one-size-fits-all solution</strong>.</p>

What happens when I want to move my child to another city after separation in Australia?

<h2>Understanding Child Custody Disputes</h2>

<p>Child custody disputes are a challenging and emotionally draining process for everyone involved. In Australia, these disputes are governed by the Family Law Act 1975, which prioritises the best interests of the child. The Act encourages parents to agree on parenting arrangements, including who the child will live with, spend time with, and communicate with.</p>

<figure id="figure-gondrpdasblntwnl8v"><img id="gondrpdasblntwnl8v" src="https://images.unsplash.com/photo-1470843810958-2da815d0e041?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwyMHx8RmFtaWx5JTIwTGF3JTIwQWN0fGVufDB8fHx8MTY5NzUyMTgwNnww&ixlib=rb-4.0.3&q=80&w=1080" alt="Family Law Act" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h3>The Role of Family Courts</h3>

<p>The Family Courts of Australia play a crucial role in resolving child custody disputes. If parents cannot reach an agreement, they may apply to the court for a parenting order. The court considers various factors such as the child's relationship with each parent, the child's views, and the effect of any changes in the child's circumstances.</p>

<figure id="figure-t9l0m6w6yflntwoc3e"><img id="t9l0m6w6yflntwoc3e" src="https://images.unsplash.com/photo-1512036849132-48508f294900?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxM3x8RmFtaWx5JTIwQ291cnRzJTIwQXVzdHJhbGlhfGVufDB8fHx8MTY5NzUyMTg0MXww&ixlib=rb-4.0.3&q=80&w=1080" alt="Family Courts Australia" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h3>Mediation and Family Dispute Resolution</h3>

<p>Before applying to the court, parents are required to make a genuine effort to resolve their dispute through family dispute resolution (FDR). This is a type of mediation where a qualified FDR practitioner helps parents discuss issues, consider options, and work out an agreement. <strong>The Family Law Act mandates FDR as a compulsory step before court proceedings, unless there are circumstances such as family violence or child abuse.</strong></p>

<h2>Types of Child Custody Arrangements</h2>

<p>There are different types of child custody arrangements in Australia. These include:</p>

<ol>
<li><b>Sole custody:</b> One parent has both legal and physical custody of the child.</li>
<li><b>Joint custody:</b> Both parents share legal and/or physical custody of the child.</li>
<li><b>Shared parenting:</b> Both parents have the right to make decisions about the child's upbringing, but the child primarily lives with one parent.</li>
</ol>

<image:Child custody types/>

<h3>Best Interests of the Child</h3>

<p>In all decisions about child custody, the paramount consideration is the best interests of the child. This is a broad concept that includes the child's safety, physical and mental health, emotional development, and the benefit of having a meaningful relationship with both parents. <strong>It is important to note that the court does not favour one gender over the other in making custody decisions.</strong></p>

<h2>Seeking Legal Advice</h2>

<p>Child custody disputes can be complex and stressful. It is advisable to seek legal advice to understand your rights and responsibilities. A lawyer can guide you through the process, help you understand the law, and represent you in court if necessary.</p>

<image:Legal advice/>

<p>In conclusion, the primary aim of child custody laws in Australia is to protect the best interests of the child. While the process can be challenging, understanding your rights and obligations can help you navigate this difficult time.</p>

Child custody disputes in Australia

<h2>Understanding the Divorce Process in Australia</h2>

<p>Divorce can be a challenging and emotionally draining process. In Australia, it's crucial to understand the legal requirements and steps involved to ensure a smooth and efficient process. This guide will walk you through the steps to getting a divorce in Australia.</p>

<image:divorce papers/>

<h2>Step 1: Ensure You Meet the Eligibility Criteria</h2>

<p>Before initiating the divorce process, you need to ensure you meet the eligibility criteria. <strong>You or your spouse must be an Australian citizen, reside in Australia and regard it as your permanent home, or ordinarily live in Australia and have done so for at least 12 months before filing for divorce.</strong></p>

<h2>Step 2: Separation</h2>

<p>The next step is separation. <b>Australia requires a minimum separation period of 12 months</b> before you can apply for a divorce. This period is to ensure that there's no reasonable likelihood of resuming married life. It's possible to live together in the same home during separation, but you need to prove that you were indeed separated during this period.</p>

<figure id="figure-h32pltjy0dlntwmjok"><img id="h32pltjy0dlntwmjok" src="https://images.unsplash.com/photo-1549487024-0a8bcbd780d4?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwyM3x8c2VwYXJhdGlvbnxlbnwwfHx8fDE2OTc1MjE3NTh8MA&ixlib=rb-4.0.3&q=80&w=1080" alt="separation" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Step 3: Preparing the Divorce Application</h2>

<p>Once the separation period has elapsed, you can then prepare the divorce application. You can apply for a divorce individually or jointly with your spouse. The application can be completed online through the Commonwealth Courts Portal.</p>

<h2>Step 4: Filing the Application</h2>

<p>After preparing the application, the next step is to file it. <b>You'll need to pay a filing fee</b>, although in some cases, you might be eligible for a reduced fee. Once the application is filed, you'll receive a court hearing date and a copy of the application stamped by the court.</p>

<figure id="figure-yvjz3y2gjlntwmla9"><img id="yvjz3y2gjlntwmla9" src="https://images.unsplash.com/photo-1553678411-2f10f6132081?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHw5fHxkaXZvcmNlJTIwY291cnR8ZW58MHx8fHwxNjk3NTIxNzYwfDA&ixlib=rb-4.0.3&q=80&w=1080" alt="divorce court" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Step 5: Serving the Divorce Papers</h2>

<p>If you filed the application individually, you need to serve the divorce papers to your spouse. This has to be done at least 28 days before the court hearing if your spouse is in Australia, or 42 days if they're overseas.</p>

<h2>Step 6: Court Hearing and Finalizing the Divorce</h2>

<p>The final step is the court hearing. If all the documents are in order, you might not need to attend the hearing, especially in cases where there are no children under 18. If the court is satisfied that proper arrangements have been made for any children involved, and the separation period has been observed, the divorce will be granted. <strong>The divorce order will become final one month and one day after the hearing.</strong></p>

<p>Going through a divorce can be a stressful time, but understanding the process can help make it a bit easier. Always consider seeking legal advice to help you navigate through the complexities of the divorce process in Australia.</p>

<figure id="figure-df9kbeoj4olntwna2e"><img id="df9kbeoj4olntwna2e" src="https://images.unsplash.com/photo-1589829545856-d10d557cf95f?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxfHxsZWdhbCUyMGFkdmljZXxlbnwwfHx8fDE2OTc1MTU3OTl8MA&ixlib=rb-4.0.3&q=80&w=1080" alt="legal advice" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

What are the steps to getting a divorce in Australia?

<h2>Understanding the Property Selling Process in Queensland</h2>

<p>Whether you're a first-time seller or a seasoned property investor, navigating the process of selling a property in Queensland can be complex. However, with the right knowledge and preparation, you can ensure a smooth and successful sale. This blog post will walk you through the process step by step.</p>

<image:real estate Queensland/>

<h2>Step 1: Appraising your Property</h2>

<p>The first step in selling your property is to have it appraised. This involves a real estate agent assessing the value of your property based on its location, size, condition, and the current market trends. It's a good idea to get a few different appraisals to ensure you have an accurate understanding of your property's worth.</p>

<h2>Step 2: Choosing a Real Estate Agent</h2>

<p>Choosing the right real estate agent can make or break your property sale. You want to find someone who is experienced, has a strong understanding of the local market, and who you feel comfortable working with. It's also important to discuss their fees and charges upfront to avoid any surprises down the line.</p>

<figure id="figure-ewxfvx5nbglntwk8y0"><img id="ewxfvx5nbglntwk8y0" src="https://images.unsplash.com/photo-1516321318423-f06f85e504b3?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHw3fHxyZWFsJTIwZXN0YXRlJTIwYWdlbnR8ZW58MHx8fHwxNjk3NTA2MDM5fDA&ixlib=rb-4.0.3&q=80&w=1080" alt="real estate agent" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Step 3: Preparing your Property for Sale</h2>

<p>Before your property hits the market, you'll want to make sure it's in the best possible condition. This may involve minor repairs, a fresh coat of paint, or professional cleaning. Staging your property with furniture and decor can also help potential buyers visualise themselves living in the space.</p>

<h2>Step 4: Marketing your Property</h2>

<p>Effective marketing is key to attracting potential buyers. This typically involves professional photography, online listings, signboards, open house inspections, and potentially print advertising. Your real estate agent will be able to advise on the best marketing strategy for your property.</p>

<figure id="figure-d2w8ndlx15lntwkig6"><img id="d2w8ndlx15lntwkig6" src="https://images.unsplash.com/photo-1553484771-047a44eee27a?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwyM3x8cHJvcGVydHklMjBtYXJrZXRpbmd8ZW58MHx8fHwxNjk3NTIxNjYzfDA&ixlib=rb-4.0.3&q=80&w=1080" alt="property marketing" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<h2>Step 5: Negotiating and Accepting an Offer</h2>

<p>Once your property is on the market, potential buyers will make offers. Your real estate agent will negotiate on your behalf to achieve the best possible price. Once you accept an offer, the buyer will typically pay a deposit and the contract of sale will be signed by both parties.</p>

<h2>Step 6: Settlement</h2>

<p>The final step in the process is settlement. This is when ownership of the property is officially transferred to the buyer. The balance of the purchase price is paid, and the buyer receives the keys to their new home. Congratulations, you've successfully sold your property in Queensland!</p>

<figure id="figure-fzcgldv5m8lntwl93b"><img id="fzcgldv5m8lntwl93b" src="https://images.unsplash.com/photo-1512917774080-9991f1c4c750?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxM3x8cHJvcGVydHklMjBzZXR0bGVtZW50fGVufDB8fHx8MTY5NzUyMTY5N3ww&ixlib=rb-4.0.3&q=80&w=1080" alt="property settlement" class="object-cover bg-gray-100" style="aspect-ratio: 16/9"></figure>

<p>While the process of selling a property can seem daunting, it's important to remember that every sale is unique. By staying informed and working closely with your real estate agent, you can navigate the process with confidence and achieve a successful sale.</p>

Mint Legal Brisbane - Conveyancing, Wills, Family Law

Blogs

Parenting order in Australia

Getting a divorce in Australia

What happens when I want to move my child to another city...

Child custody disputes in Australia

What are the steps to getting a divorce in Australia?

What is the process of selling a property in Queensland?