| The following Q&A's have been provided to
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| | separated parents is an essential part of
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| help you better understand Family Law.
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| | these reforms.
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| Q. I recently divorced my husband who has
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| | Q. Do these reforms mean that children
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| left me with the four children and he has
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| | will spent equal amounts of time with
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| suggested that as we have no assets he
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| | each parent?
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| will give me half of his superannuation.
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| | A. No. The focus is both parents will
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| What should I do as I am unemployed and
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| | have an equal role in making decisions
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| on a single mother's supporting pension
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| | about important issues such as schooling
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| and he does not pay child support?
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| | and health care.
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| A. Unfortunately you are being very badly
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| | Q. How do parenting plans and parenting
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| treated as your entitlements would
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| | orders sit with each other?
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| include spousal maintenance, child
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| | A. Basically it means that both the
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| support (see the child support agency)
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| | parents and the court need to have the
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| and access to at least 50% of his
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| | best interests of the child in mind at
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| superannuation. You need to seek urgent
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| | all times when making decisions affecting
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| legal assistance and perhaps legal aid is
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| | the child's wellbeing.
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| where you should look first.
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| | Q. How will the courts determine how much
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| Q. I have been divorced from my former
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| | time the child spends with each parent?
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| husband for over seven years and although
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| | A. Courts will determine this by
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| I am in employment he has been on the
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| | reference to what is in the best
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| dole throughout and has a history of
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| | interests of the child and other
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| violence. Recently he approached me and
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| | practical considerations. Time can mean
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| suggested that as he was now in a stable
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| | equal time or substantial or significant
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| relationship he would like to have
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| | time with both parents which may include
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| contact with our son. What should I do?
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| | day to day routine time not just weekends
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| A. In all cases involving children it
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| | and holidays.
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| always gets back to what is in the best
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| | Q. When will these changes which focus on
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| interests of the child. Should your
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| | cooperatively resolving disputes come
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| ex-husband have a history of violence
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| | into operation?
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| involving both yourself and the child,
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| | A. It is expected they will start on 1st
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| custody would not be an issue and
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| | July 2007 when parents will be required
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| supervised contact is probably what would
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| | to attend family disputes resolution
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| be allowed. This always gets back to
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| | sessions and be expected to make a
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| working out a program which will be
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| | genuine effort to resolve issues and
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| acceptable to both parties provided that
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| | disputes before taking a parenting matter
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| the child will not suffer as a result.
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| | to court.
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| Q. I am currently involved in a de-facto
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| | Q. How does the court system accommodate
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| relationship and my partner has excluded
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| | these changes?
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| me from the home by locking me out. What
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| | A. In parenting cases there will be
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| can I do as she has become personally
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| | change to a case-management approach with
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| violent towards me and we need to sell
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| | the focus being on the early detection
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| the house so we can go our separate ways?
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| | and dealing with of violence and abuse.
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| A. In regard to the property you should
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| | Q. What will happen where there has been
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| ask your solicitor to write to your
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| | a breach of parenting orders?
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| ex-partner indicating that you wish to
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| | A. The court will have wider powers to
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| have the property sold and if they do not
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| | deal with people who breach parenting
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| comply then you can always approach the
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| | orders.
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| Equity Division of the Supreme Court for
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| | Q. What will happen where parents fail to
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| relief.
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| | fulfil their responsibilities?
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| Q. Do you think it advisable for me to
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| | A. Where parents fail to fulfil their
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| enter into a financial agreement with my
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| | major parenting responsibilities the
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| intended defacto partner as I have all
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| | courts will be able to take these matters
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| the assets and she has very little?
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| | into account.
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| A. Yes. There are a number of reasons for
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| | Q. At what stage will this disputes
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| doing this but principally you need to
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| | resolution mechanism come into play?
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| ensure you are fully protected given your
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| | A. Separating parents will be required to
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| age and if the relationship breaks down
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| | undertake some form of disputes
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| then you have a level of protection which
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| | resolution for parenting disagreements
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| would not otherwise be available to you.
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| | before proceeding to court. Parents will
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| Q. I have been involved in a same-sex
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| | have access to the new family
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| relationship with another person for over
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| | relationship centres or may attend
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| 20 years and I have retained a firm of
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| | another accredited service or
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| solicitors who seem reluctant to push my
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| | practitioner in this regard.
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| case as strongly as I would like. The
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| | Q. Will it be compulsory for separating
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| other side is making mincemeat out of my
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| | couples to attend a family relationship
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| representative who does not seem to know
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| | centre?
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| what to do to counter their attacks. What
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| | A. No, but the law will require
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| do I do in the circumstances?
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| | separating parents to attempt disputes
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| A. If you are unhappy with the type of
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| | resolution before taking a parenting
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| representation you are receiving and the
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| | dispute to court.
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| service is falling well short of your
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| | Q. What does the court bear in mind when
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| expectations then you need to consider
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| | considering what is in the best interests
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| whether or not it is in your best
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| | of the child?
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| interests to move to another lawyer.
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| | A. That the children know both their
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| Same-sex defacto relationships and
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| | parents and to be protected from harm
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| marriages which fail all require
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| | each being given equal weight.
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| representatives who possess skills
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| | Q. Are there any other considerations
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| appropriate to best represent their
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| | which are taken into account?
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| client's interests. If counselling,
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| | A. Yes. Additional consideration is given
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| mediation and conciliation has not worked
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| | to views expressed by the child, the
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| for you such that you find you are under
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| | nature of the child's relationship with
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| constant attack and need to take a more
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| | his/her parents and other important
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| forceful approach then perhaps it is time
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| | persons such as grandparents, relatives
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| for you to consider changing lawyers to
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| | and extended family members as well as
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| one who can better represent your
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| | the practical difficulties of a child
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| interests as a 5-10% swing in
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| | having contact with a parent(s).
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| entitlements from one party to another
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| | Q. Are children entitled to independent
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| may mean that legal fees become
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| | legal advice where a matter proceeds to
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| irrelevant in this context as you will
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| | court?
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| need to fully protect your interests in
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| | A. Yes. The court may order an
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| these circumstances.
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| | independent lawyer be engaged to
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| Q. I have just broken up with my defacto
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| | represent the best interests of the child
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| partner and everything was in her name,
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| | and to inform the court of their
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| although I did a lot of building work to
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| | independent view in this connection.
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| improve the property and paid the
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| | Q. What is a parenting plan?
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| mortgage instalments whilst we were
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| | A. A parenting plan is an agreement
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| together. Am I entitled to be recompensed
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| | worked out between a child's separating
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| for my contribution to the relationship?
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| | parents which can take any form provided
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| A. Yes. Effectively where two people are
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| | it sets out the parenting arrangements
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| in a defacto relationship and one makes
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| | for children. It must be produced in
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| all the financial contributions to it
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| | writing and dated and signed by both
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| whilst the other takes the benefits even
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| | parents.
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| though they may own the principal asset
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| | Q. Can a parenting plan be changed at any
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| the court will look to the nature and
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| | time?
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| extent of the financial contributions you
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| | A. Yes, as it is voluntary it needs to
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| have made and the assets will split based
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| | have the agreement of both parents. It
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| on this after accounts have been taken.
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| | should be borne in mind that parenting
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| Q. My boyfriend has a couple of children
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| | plans are not legally enforceable.
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| to an ex-girlfriend who has packed up,
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| | Q. Will the court have any regard to
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| moved on and not told anyone where she
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| | parenting plans if they are not legally
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| has gone. Is there anything my boyfriend
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| | enforceable?
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| can do?
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| | A. When the court is making a parenting
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| A. Yes. He can approach the court for
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| | order in relation to a child they are
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| orders which means that anybody who has
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| | required to consider the terms of the
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| any knowledge of those children's
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| | most recent parenting plan and to
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| whereabouts has to deliver up information
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| | consider the extent to which both parents
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| so that their current location can be
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| | have complied with their obligations in
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| discovered so the court can make orders
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| | relation to the child.
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| for their return.
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| | Q. Where a court has made a parenting
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| Q. I am a grandmother - do I have any
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| | order with respect to parenting
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| rights to see my grandchildren?
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| | arrangements can the parents change it
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| A. Yes. You fit within a particular class
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| | without having to go back to court?
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| of important individuals which the court
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| | A. Yes provided the court order does not
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| considers important to the development of
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| | prohibit this.
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| your children and therefore you would be
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| | Q. Although it is expected that family
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| entitled to see them after you have
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| | disputes resolution to new parenting
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| approached the court for orders.
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| | cases will apply from mid-2007 when will
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| Q. What effect with the new changes in
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| | it apply to all parenting cases?
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| the family law system have on children?
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| | A. The final date is expected to be
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| A. All children will have a right to know
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| | mid-2008 but it will not apply in cases
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| both their parents and to be protected
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| | of family violence or child abuse.
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| from harm.
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| | Q. Will family disputes resolution apply
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| Q. What impact will the new changes have
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| | in all cases?
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| on parents?
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| | A. No. It will only apply to parents who
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| A. Parenting is regarded as a
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| | want to go to court over a parenting
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| responsibility which should be shared
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| | issue where it is compulsory unless they
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| equally. This may not mean equal time; it
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| | fit within the listed exceptions or where
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| could mean substantial or significant
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| | they have already agreed on parenting
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| time spent by both parents with the
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| | arrangements.
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| child.
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| | Q. How does the court know that
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| Q. Is it true that these new family law
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| | compulsory family disputes resolution has
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| changes mainly focus on children?
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| | already taken place?
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| A. Yes. These changes in the law are all
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| | A. This is because a certificate is
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| about putting the needs and best
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| | required from an accredited family
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| interests of children first.
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| | disputes resolution practitioner before
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| Q. What are the responsibilities of
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| | the court can hear an application for a
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| parents in this regard?
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| | parenting order. Basically the
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| A. Parents bear the responsibility for
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| | certificate states that family disputes
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| their children's physical and emotional
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| | resolution did not work for a number of
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| wellbeing which should be share equally
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| | reasons.
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| between parents provided they are not
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| | Q. How will family violence and child
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| subjected to abuse or violence.
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| | abuse be dealt with under the current
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| Co-operation between separating or
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| | changes?
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