family law Archives

Joint Parental Responsibility and Medical Treatment

9 April 2025 11:00 am Leave a Comment

If you have a Court Order or Parenting Plan that states that yourself and your ex-partner have ‘Joint Parental Responsibility’ or ‘Joint Decision-Making Responsibility’ for your children, this means that yourself and your ex-partner must take all reasonable steps to confer and agree on long term decisions for the children. These types of decisions include, but are not limited to, choice of the children’s name, religion, schooling and medical care. However, what happens if parents cannot agree on whether the child should attend for a medical diagnosis or where the child should receive care?

In circumstances where a child needs medical treatment for a less serious and temporary ailment such as the flu or a scraped knee, this can arguably be dealt with unilaterally by one parent. When making these decisions, it is important to still ensure that the terms of the Court Order/ Parenting Plan are consulted, the other parent is still notified, and clear communication is shared about the medical treatment, diagnosis and any ongoing medical treatment that may be required.

On the other hand, where a formal diagnosis for a more serious condition which requires ongoing accommodations is sought (for example, Autism Spectrum Disorder and/or Attention-Deficit Hyperactivity Disorder) this requires joint agreement from both parents.

If the parents are not in agreement, and the Federal Circuit and Family Court of Australia has not already made an Order on this issue, then an application could be made to the Court for the Court to adjudicate on the matter. The Court will often make one of the following three Orders:

An Order providing one parent sole parental decision making responsibility for all issues;

An Order providing for a specific determination on the matter at hand; or

An Order providing one parent sole parental decision making responsibility for one specific issue.

It is more common for the Court to make an Order in line with options 2 or 3, which still leaves the parents with ‘Joint Decision-Making Responsibility’ in respect of all other matters.

Alternatively, rather than progressing the matter to Court, the parents could attend at mediation or other forms of dispute resolution to discuss the matter.

Bethany Bellion, Solicitor at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes, is the author of this article, practising in the areas of Wills, Estates and Family Law.

The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.

Next Article: Avoiding The Snowball Effect

Avoiding The Snowball Effect

26 March 2025 11:35 am Leave a Comment

The golden rule in coparenting is that effective communication is crucial.

It can be tempting to ignore or delay replying when you see a message from the other parent and, let’s face it, most people would prefer not talking to an ex if they had the choice. However, this is where the problems often start and not communicating (or not doing so appropriately) can easily make everything worse.

Where it is safe to do so, having a quality communication channel with the other parent prevents small problems from turning into big ones and the key to stopping this snowballing effect is for both parents to follow some fundamental rules of communication.

Be polite and start with a greeting.

Don’t ever insult the other parent or imply that they’re not doing as good a job.

Keep the messages to the point and factual so the other parent can respond in the same manner.

Always get the other parent’s side of the story on any incident first rather than jumping to conclusions.

Assume that everything you write will be brought up at some point in the future to someone important.

Acknowledging receipt of messages from the other parent is important and, if you can’t reply straight away, provide a reasonable timeframe for when you’ll respond.

If your child misses a call from the other parent, organise a time for them to call back.

If you need some help, try using a parenting communication app but always call if there is an emergency.

There are plenty more rules, but these will stop a lot of molehills from turning into mountains which makes for a far smoother coparenting experience. If nothing else, it’s always beneficial for kids when they can see both parents on the same page and getting along.

Joshua Noble is an Accredited Family Law Specialist at Zande Law located at Suite 3, Jade Chambers, 15 Middle Street, Cleveland. To contact Josh for advice, please phone (07) 3385 0999 to schedule an appointment.

The information in this article is merely a guide and not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.

Next Article: Parenting Coordination and Family Law Parenting Orders

Parenting Coordination and Family Law Parenting Orders

5 March 2025 10:46 am Leave a Comment

After lengthy legal proceedings to obtain Parenting Orders, it can be disheartening for parents when one parent continues to act in a way that is not supported by the Orders; for example, by using abusive language, denigrating the other parent, or otherwise doing or failing to do particular things with or around the children.

Although the Family Law Act 1975 (Cth) contains provisions that allow a parent to take the ‘offending’ parent to court for alleged breaches of Parenting Orders, the threat of court proceedings doesn’t always deter this behaviour. Very commonly, the court acts leniently towards the offending parent because fining, imprisoning, or imposing some other sanction on a parent always carries the risk that it could harm the children.

A potential solution to this problem is for the parents to jointly engage a Parenting Coordination (‘PC’) service. PC is an alternate dispute resolution technique that assists parents in effectively communicating, managing and resolving conflicts related to Parenting Orders and Parenting Plans. Parenting coordinators help co-parents by establishing clear rules for engagement, encouraging cooperation and curtailing hostility. The intention is to resolve disputes outside of court, and avoid the stresses and cost of further court applications.

In practice, if Orders state that the parents are not to use abusive language in communications with each other and one parent continues to do so after the Orders are made, then the parenting coordinator can stop and advise the parent that their behaviour may be in breach of the Orders, remind them of the sanctions the Court might impose, counsel the parent on how to appropriately communicate in that matter, and seek to be copied into future communications to minimise recurrent events.

Another advantage of PC is that none of the parents’ interactions with the parenting coordinator are protected by any confidentiality or immunity. Therefore if the ‘abusive’ parent continues to use abusive language even after conversations with the parenting coordinator, these communications can be presented to a Judge.

For these reasons PC services are certainly increasing in popularity amongst our clients and are an incredibly useful resource for parents seeking to enforce Parenting Orders or Parenting Plans outside of court.

Madeline Crnkovic, Law Student and Paralegal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes, is the author of this article, training in the areas of Wills, Estates and Family Law.

What happens if one parent wants to move away?

20 February 2025 11:20 am Leave a Comment

It’s not uncommon for a recently-separated parent to want to move away with the children and often the reasons include wanting to be closer to family, a change in employment, a new relationship or even fleeing domestic violence.

There is no prescribed distance that defines simply moving and moving ‘away’ so changing residence to another house five minutes down the road is fine. However, if the distance makes it significantly more difficult for the children to spend time with the other parent, you’ll need either consent or permission from the Court.

A proposed relocation by one parent is determined the same way as any other case – finding out the best interests of the children and then carrying those out.

Where it is safe to do so, having a discussion – or series of them – with the other parent as to what a possible relocation would mean for the children’s time with them is a good place to start and, if that doesn’t work, attending a mediation is generally the next step.

If Court proceedings become required because the parents still can’t agree on the children’s future arrangements, the judge will consider a variety of factors such as the benefits of relocating, the legitimate desire of a parent to live elsewhere and the (probable) diminishment of the children’s relationships with the other parent.

If you’re wanting to relocate away with your children, it’s best to begin the process as early as possible before the proposed move. Major decisions such as these can take a long time in Court to resolve and you don’t want your life to be left in limbo while you wait for any permission to leave.

Managing High Conflict Parenting Disputes

5 February 2025 11:15 am Leave a Comment

A common feature in many parenting disputes is that either or both parents find themselves in perpetual and recycling states of conflict with the other parent. As a result, whether a required decision is relatively easy or hard, the parents are unable to find a consensus and decisions generally only come when one parent gives into the constant badgering or obstruction from the other. In such cases, how does the Court then manage the dispute?

Whilst every case is obviously slightly different from any other, the Court’s general approach can be summarised as follows:

The Court’s focus is always on the best interest of the children;
Where conflict is high, the children’s best interests would not be served by giving each parent equal time and forcing the children to move between two war zones; and
If one parent is the only or predominant agitator, it unfortunately becomes the responsibility of the other parent to absorb any aggression and become the voice of calm and reason so that the Court can have confidence that the situation will improve.

Whilst it is certainly very frustrating to see the trouble-making parent seemingly win out over the solution focused peace-keeping parent by simply making more trouble, it has to be accepted that no one is ever truly innocent in creating a relationship breakdown. At one time and in one way or another, each parent will have contributed to the mess and the reality is that some parents heal faster than others.

In dispute resolution it is a common saying that “we can only move as fast as the slowest person in the room.” Accordingly, if it is the case that one parent is struggling to adjust to a new post-separation co-parenting regime and wants to keep up the fight in retaliation for past hurts, that is simply something that has to be worked through rather than instantaneously invalidated and dismissed.

Ultimately though, if the troublemaker keeps it up and doesn’t wake up to themselves, the Orders which are proposed by the solution focused peace-keeping parent who demonstrates a better attitude towards working with the other parent generally wins the day and perhaps more importantly, a better relationship with the children.

Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 30 years’ experience in the field. He is the principal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes. To contact Michael for advice, phone (07) 3385 0999.

Maintenance During Pregnancy

6 November 2024 9:55 am Comments Off

It’s no secret that having a baby is a very expensive decision both in the short and long term.
Time spent away from work and the subsequent lost superannuation (and compound interest
on these) can make up the largest financial cost over time but the recent statistics show that
the average out-of-pocket expense for raising a child in Australia is approximately $170 per
week.

This figure also doesn’t include the costs incurred during the pregnancy which can vary wildly
depending on the decision to go with public or private coverage. For those in committed
relationships, these (amongst many others) become serious decisions that need to be
incorporated within the family unit.

However, for single and expectant mothers, the financial burden can be more difficult though
the law is here to provide some assistance. The Family Law Act provides that the father of a
child who is not married to the mother is liable to make a proper contribution towards her
maintenance and reasonable medical expenses in relation to the pregnancy and birth.
Further obligations to funeral expenses also exist if the mother or child die in the process.

The father’s liability is usually from up to two months prior to birth and continues until three
months after the child has arrived. However, this period can be extended if the mother has
been advised by a medical practitioner to cease working for reasons related to her
pregnancy.

Though there is some discretion in what is considered a ‘proper contribution’ – as a general
proposition the parents should pay half each and the mother is able to apply to the Court if
the father doesn’t agree to contribute. The Court can also make consideration towards any
money voluntarily paid by fathers throughout the pregnancy towards the mother’s expenses
and offset this against any calculated overall liability.

None of this absolves any child support obligations and, when safe to do so, parents should
always attempt to reach an agreement regarding pregnancy costs without the need for the
Court to get involved. However, single and expectant mothers should be comforted that the
law doesn’t leave them alone financially while they navigate the miracle of childbirth.

Joshua Noble is a Senior Associate at Zande Law Solicitors, Suite 9, Norwinn Centre, 15
Discovery Drive, North Lakes practising from our Cleveland office at Suite 3, Jade
Chambers, 15 Middle Street, Cleveland. To contact Josh for advice, please phone
(07) 3385 0999 to schedule an appointment.

The information in this article is merely a guide and not a full explanation of the law. This firm
cannot take responsibility for any action readers take based on this information. When
making decisions that could affect your legal rights, please contact us for professional
advice.

The Benefits in Settling

2 October 2024 10:54 am Comments Off

In the Court’s most recently available end of financial year report, the Brisbane Registry
topped the country in Divorce Applications despite Sydney and Melbourne having
approximately twice the population. Interestingly, the gap widened when it came to matters
settling by way of Consent Orders and again Brisbane led the nation with approximately 40%
more cases being resolved than Melbourne in second place.

The benefits in settling cannot be underestimated and parties should always consider these
when negotiating:

The savings in legal fees to both parties; Most family lawyers often (and should)
describe this as money that is better spent on the kids rather than continuing to fight.
The cost in compromising to both parties is often far less than the cost of litigating
through to a Trial;
The delay in settlement can hold up one or both parties from receiving cash
payments; While no one has a crystal ball to determine what will happen with house
prices, the reality over recent years has been an exponential rise throughout the
Brisbane region – so the cost to re-enter the property market can become more
expensive than settling at an earlier stage of the negotiations;
If money is tied up in Trust; inflation erodes the buying power of those funds the
longer the case remains unresolved;
The effect that fighting will have on your coparenting relationship; Parents have many
years to raise children together and it is in the kids’ best interests to be protected from
any toxicity between the adults. Beyond their childhood, there are often milestone
events such as graduations, weddings and grandchildren that people wish to be a
part of which can be jeopardised if there is family drama following a bitter Divorce;
and
It brings an end to the emotional and psychological toll that can occur when
negotiating the division of assets or parenting arrangements. On current estimates,
litigation can comfortably take more than a year and this only drags out the healing
process following separation.

There is a real benefit in having control over your outcome rather than leaving it into the
hands of the Court. Sometimes a Trial can become necessary (in some limited
circumstances) but at least it seems that Brisbane residents are seeing the benefits in
reaching agreements.

Joshua Noble is an Accredited Specialist in Family Law working at Zande Law Solicitors,
Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes practising from our Cleveland
offices at Suite 3, Jade Chambers, 15 Middle Street, Cleveland. To contact Josh for advice,
please phone (07) 3385 0999 to schedule an appointment.

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