Publish Date: Aug 22, 2010
An agreement between the Commonwealth and States and Territories to administer and improve intercountry adoption in Australia exists.
The Commonwealth-State Agreement for the Continued Operation of Australia's Intercountry Adoption Program implements a number of the key recommendations made by the House of Representative’s Standing Committee on Family and Human Services’ report Overseas Adoption in Australia. The agreement, according to Federal Attorney-General Robert McClelland, “sets out the new division of responsibilities between governments, helping to reduce the bureaucratic barriers to intercountry adoption. It also establishes two working groups, which will consider greater harmonisation of intercountry adoption laws, fees and assessment processes,”
The original agreement on intercountry adoption was signed in 1998 to facilitate Australia’s ratification of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. The Hague Convention sets out a number of standards and procedures regulating intercountry adoption in order to safeguard the best interests of children needing adoption. The Attorney-General’s department, as the Australian Central Authority under the Hague Convention on Intercountry Adoption, is responsible for ensuring that Australia meets its obligations under the Convention. As adoption was not part of the Commonwealth Government’s jurisdiction, the agreement between the Commonwealth and the States and Territories gave the Commonwealth the authority to oversee the overseas adoption programs.
The Attorney-General’s department’s responsibilities include establishing and maintaining overseas adoption arrangements with other countries. The Commonwealth is not involved in the processing of individual adoption applications, this continues to be the responsibility of the States and Territories. The States and Territories also provide advice and assistance about the procedural aspects of the programs and provide post-placement support and supervision.
One key aspect of the new agreement involves the working on ways to improve the administration of and reducing barriers to intercountry adoption in Australia. At present, Australia only has formal adoption agreements with 10 countries and it is estimated that around 300-400 children are adopted from overseas per year. Mr McClelland has stated that “work will … be undertaken to consider what further improvements can be made to the administration of intercountry adoption in Australia”. He further states that the “Rudd Government is committed to reforming Australia’s overseas adoption system, while always ensuring the best interests of the child is put first.”
The Commonwealth-State Agreement for the Continued Operation of Australia's Intercountry Adoption Program can be viewed at the Attorney-General’s website: www.ag.gov.au
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
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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
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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
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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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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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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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