Author: Craddock Murray Neumann Lawyers
Publish Date: Nov 24, 2008
In some family law matters the parentage of a child is in issue. The law enables the Court to make an order requiring a parentage test to be carried out to help determine the child’s parentage. The Court can make the order for a parentage test at the request of any of the following:
- either of the parties to the Court proceedings;
- a party representing a child in the proceedings;
- on the Court’s own initiative.
Before the Court can make the order for the parentage test, there must be evidence before the Court which places the parentage of the child in doubt. An order for parentage testing cannot be made just to satisfy one party’s personal doubt.
When making a parentage testing order the Court can order both the child and their mother to be the subject of a parentage test, as well as any other person that could help in determining the parentage of a child. As well as the possible father of the child, this could also include any relative of the child including brothers, sisters or grandparents.
If a parentage test is ordered on a child under the age of 18 years, it cannot be carried out without the consent of the child’s parent or guardian even if the child wants to take the test.
Once the Court has decided the parentage of a child, they can issue a declaration of parentage which is evidence of parentage for any other matter under Australian law including Child Support.
The situations where parentage testing will only be ordered include where there is some significant other issue the Court is required to determine, such as whether one party is entitled to seek child support from the other, or if one party seeks to spend time with a child and parentage is in dispute. A Court will not order parentage testing merely to satisfy one party’s curiosity.
These days parentage testing most commonly includes DNA testing.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
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Australia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention).
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Craddock Murray Neumann Lawyers
Sometimes when a mother changes her surname or remarries she wants to change her child’s surname as well. If the child’s father agrees to the change in surname, it can go ahead. However, if the father does not agree to the change in surname the mother would need to make an application in the Family Law Courts for permission to change the surname.
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Craddock Murray Neumann Lawyers
Upon the breakdown of a relationship where there are children, if the parents are unable to reach agreement between themselves as to the parenting arrangements for the children, then there is a requirement to participate in mediation prior to contemplating any Court proceedings.
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Craddock Murray Neumann Lawyers
Overview of Child Support Agreements following the breakdown of marriage.
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Parents have a legal obligation to financially support their children. When a child’s parents have separated, or have never lived with one another, they are entitled to pursue arrangements for their child’s financial support. Most often the parent with the primary care of a child will initiate the process to seek child support from the other parent.
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December is not busy just in department stores, it is a hectic time in the Family Law courts. For judges, Federal Magistrates and lawyers, December is the month where much time is spent working out where children will spend their Christmas when their parents cannot work it out. The number of cases with this issue outstanding before the Courts is so high, that the courts usually require Christmas cases to be filed no later than mid November.
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In Australia couples who are considering living together, as a de facto couple (whether same sex or heterosexual) or are considering marriage have the option of entering into an agreement to protect their assets in the event they separate. This agreement can protect not only assets in existence now, but also assets the parties purchase throughout the relationship.
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Craddock Murray Neumann Lawyers
In some family law matters the parentage of a child is in issue. The law enables the Court to make an order requiring a parentage test to be carried out to help determine the child’s parentage.
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In the 2008 case of Beckett & Horan the issue of permitting a witness under 18 years of age to give evidence in family law proceedings was raised. The proceedings in question concerned both parties seeking parenting orders. An application was made by the mother for a non-relative aged 17 years of age to give evidence. Counsel for the father objected.
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If you are in dispute with your partner regarding the care arrangements for your child you are required, by law to engage in what is called Alternative Dispute Resolution.
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Craddock Murray Neumann Lawyers
In Australia, many parents make arrangements for their children to spend time with grandparents and other family members on a regular basis without thinking much about it. If everyone lives close to each other this might be weekday dinners, Sunday lunch, picnics, after school care or other child minding.
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A small minority of family law cases require a decision from the Court, whether it involves parenting or financial issues. Where there is a different version of facts given by each party, one of the tasks of the Judge hearing the case is to make findings of fact. In other words, which version of events does the Judge believe to be the correct version.
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A n agreement between the Commonwealth and States and Territories to administer and improve intercountry adoption in Australia exists.
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The new child support formula is part of the overhaul of the Child Support Scheme implemented a few years ago.
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The 2008 case of Dart v Graham dealt with the issue of a father wanting to take his children on an overseas holiday to Bali for his wedding. The mother opposed the children travelling to Bali due to advice issued by the Department of Foreign Affairs and Trade (DFAT) warning travellers to Indonesia that the country has risks associated with travelling there.
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Craddock Murray Neumann Lawyers
Upon the breakdown of a marriage one of the issues that needs to be addressed is a financial settlement. This involves dividing the assets, liabilities and superannuation of the parties whereby each party is allocated their share of the net assets, with the end result that none of the assets and liabilities are held in joint names.
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Domestic violence is commonly thought of as physical abuse. However, it can also include other conduct such as sexual, emotional or psychological abuse.
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In 2006 significant amendments were made to the Family Law Act dealing with children’s issues after the separation of parents.
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Parties may also be entitled to a stamp duty exemption if the Court makes Orders requiring a transfer of property.
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Craddock Murray Neumann Lawyers
Surrogacy is an arrangement whereby a couple wishing to have a child (“the intending parents”) commission a woman, whether partnered or otherwise (“the surrogate mother”) , to conceive the child and then surrender the child to the intending parents after birth. The intention of this arrangement is that the intending parents will raise their child as their own.
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With Queensland introducing new surrogacy laws in 2010, altruistic surrogacy has become legal throughout Australia. However, a lack of uniformity with regard to individual State’s legislation means that intended parents can become confused. This is compounded by the impact of Federal laws, particularly immigration laws, on overseas surrogacy and has caused many parents to be held up in foreign countries awaiting immigration papers for their child.
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Australia has many residents with family ties overseas. It is not surprising, therefore, that taking children overseas can often become an issue between separated parents. If the parents cannot agree upon whether a child can travel overseas with one of the parents, a court will make the decision, and the decision will be based on what is best for the child.
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There are a number of courts which can deal with family law matters, whether parenting and/or financial matters between couples, whether marriage or de facto relationships. Choosing the right court can save time, money or both, and the choice is one which family lawyers have to make all the time for their clients.
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The Family Law Act prescribes that parents of children have parental responsibility, which is defined to mean all the duties, powers, responsibilities and authorities which, by law, parents have in relation to children.
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