8 Jun 2014

Australian Family Law Courts doing it for the kids.

 

 

In matters concerning children, the Family Law Courts of Australia look to the “best interests of the child” with paramount importance when reaching a decision.


 


 


Why do the Family Law Courts focus on this principle?


 


This principle is expounded in statute under the Family Law Act 1975. Since then, Australia’s international ratification of the United Nations Convention on the Rights of the Child 1990 prompted the Australian Parliament to cement the “best interests of the child” in legislation via the Family Law Reform Act 1995. Accordingly, the “best interests of the child” stand as the court’s primary consideration in circumstances where children are involved.


 


 


What do the “best interests of the child” encompass?


 


A child’s “best interests” include consideration by the court of short-term and long-term interests, physical, mental and emotional wellbeing as well as moral, cultural, religious, health, financial and educational interests.


 


 


“Primary Considerations” and “Additional Interests”


 


The Family Law Act 1975 sets out a non-exhaustive list of considerations the court takes into account when reaching decisions in the “best interests of the child”. Since the commencement of the Amendment Act 2006, this list is now divided into ‘primary considerations’ and ‘additional interests’. Although the legislation is silent on how this division is intended to operate, the court has indicated more weight is to be given to ‘primary considerations’. However, the court has also noted that ‘primary considerations’ alone will not overcome ‘additional considerations’ in every case and that an overall assessment of both sets of factors must be taken.


 


 


What constitutes a “Primary Consideration”


 



  • Protection of the child from physical or psychological harm.



  • The benefit of the child having a meaningful relationship with both parents.





Where there is a conflict between these two ‘primary considerations’, protection of the child will be given priority.

 


 


What constitutes an “Additional Interest”?




  • The views of the child.



  • The nature of the child’s relationship with each parent or other people important to them such as siblings, step-parents and grandparents.



  • The effect change may have on the child. This includes separation from parents or other people important to them.



  • The extent to which the parents have or have not taken the opportunity to participate in major long-term decisions relating to the child, spend time with the child or communicate with the child.



  • The extent to which each parent has or has not fulfilled their obligation to maintain the child.



  • The likely effect separation of the child from either of their parents, another child or another person including grandparents who they have been living with would have.



  • Practical difficulties and expense a child spending time with and communicating with a parent and whether that difficulty or expense would substantially affect the child’s right to maintain personal relations with both parents on a regular basis.



  • The capacity of each parent and any other person providing for the needs of the child. This includes emotional and intellectual needs.



  • The maturity, sex, lifestyle and background of the child or either parent.



  • If the child is indigenous or a Torres Strait Islander.



  • The attitude of the child and responsibilities of parenthood demonstrated by each parent.



  • Any family violence involving the child or member of the child’s family.



  • If a family violence order.



  • Any other fact or circumstance the court considers relevant.




More information?


 


Child Support Agency Australia


·         www.csa.gov.au

 


Family court of Australia

·         www.familycourt.gov.au

 

Domestic Violence Legal Unit


·         1300 650 579.


 


Crisis Care Unit


·         1800 199 008.


 


Men’s Domestic Violence Helpline


·         1800 000 599.


 


This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office on Freecall 1800 609 945 or contact reception@hhg.com.au.

100 years of Supporting West Australians

"My family law experience with Mary Roubos has restored my faith in solicitors in general. She not only demonstrated her legal expertise and flair, but also showed a compassionate and understanding nature during the lengthy process. I felt that Mary went above and beyond her obligations as my solicitor, and really listened to me. I would highly recommend Mary and her assistant Debra Wilson, who also demonstrated professionalism and excellence on all levels."

Renee Frangiosa

"Always fast and thorough service. Thank you"

Sitka Pil

"I found Ben most helpful and always prompt to let me know where things were at. Will definately use Ben again and will recommend to others."

Gerrit and Mary Van Bralal

"We wish to express our thanks for your help in attending to our mother/ wife's will - Mrs Grace Margaret Vessey. Aimee was extremely helpful and easy to deal with. We are greatful for your help with our affairs."

Ms Rosalyn Norman, Mr Stephen Vessey

"Thank you ever so much for all your hard work on my case Nicole, I really appreciate everything you did for me."

Workers Compensation Client

"Thank you for such great assistance with the transaction of Flying Domestics on behalf of Lorna Good. It has been such such a pleasure to work with the HHG Legal Group and I look forward to working with you in the future."

Jim Goodwin

"Simon Creek and his team were at all times empathic, professional and confident.  My matter needed to be addressed within a pressing time frame, and their availability at short notice and contact after hours was much appreciated.  It caused me considerable stress, but having such a thoroughly reliable and competent team to call on helped me to feel in control. Although I hope not to need their services again in future, I would be confident in doing so!"

Dr Lana Bell

"A good outcome is what we can expect.  A great outcome is a sign of a company which does the very best for their clients. A very big thank you to Daniel Morris for showing empathy towards my small and much needed legal action.

To HHG Legal Group, thank you for a great outcome.  I would recommend your company to anyone seeking legal services."

Jan Atkinson

"Your support this morning was amazingly kind, not to mention your totally reassuring competence, knowledge and wisdom that you used on my behalf.  It was extremely reassuring to have your knowledgeable support, and I particularly appreciated your real and obvious kindness to me. It means so much at a very difficult time. I'm so grateful to you."

Family Law Client

"I highly recommend the services of HHG Legal Group for both personal and business needs. HHG is very up to date with legal advice and are in tune with the evolution of business."

Robert Forgione

"Sue and myself would like to thank HHG for the way in which our dispute was resolved. It is good to know that people who do not have an understanding of the legal system can rely on people like yourself and the company you represent. Without the assistance of HHG we could not have resolved the problems we were facing, not only have we resolved the issue but the outcome was more favourable then we would have thought possible. Thank-you and please pass on our thanks to all those who worked behind the scenes to achieve this outcome."

Rick and Sue Ashton

"Janene was very professional and we established a good rapport quickly. The subject of death and wills can be quite confronting to deal with, however Janene's approach was soft and accommodating."

Lynette Livesey

"A big thank you to HHG for their professional service, continued support, and wide range of legal knowledge. Our clients have given us nothing but kind words regarding HHG Legal Group and so we have no hesitation in referring and recommending Simon Creek and HHG Legal Group for their outstanding services and legal expertise."

Nigel Plowman, Director at McKinley Plowman & Associates

"Simon is a friendly and practical legal advisor. I have received great feedback from the clients I have referred to him and his team at HHG Legal Group."

Richard Beal, Director at BDO

"Over the last few years, I have been impressed by Simon’s legal ability, management skills, entrepreneurial spirit, personal integrity and people skills. He appears to be that rare breed of lawyer – both knowledgeable and commercial."

Michael Malone, Founder of iiNet

"Our family has been a client of HHG Legal Group over many years and most recently in 2013 and February 2014.  Business has included drawing up of wills for three generations and preparing of probate for my father in law.

I would have no hesitation in recommending HHG Legal Group to anyone requiring such services."

Bernice Climie

"You should be congratulated for the manner in which your staff address clients and we found our dealings with your company, once again a very pleasant experience and we would like to truly thank you for your efforts."

Steve Harvey and Jane Powell

"HHG Legal were absolutely fantastic. Extremely responsive and brought calm to our chaotic family situation through their knowledge and caring attitude. Extremely professional from our very first contact with them and they expertly guided our family though the required legal process over almost a 12 month period."

Amanda Williamson

"Fantastic team! They really care about their client. Tim Colcutt is a 'go that extra mile' guy who gives his client his all. I can't recommend HHG and Tim enough."

Kerry Samson

"Anne Hurley has been such a valuable resource of information and advice, her wealth of knowledge is truly impressive and her ability to explain things in a way that makes them easily understood is very much appreciated. Anne and the wider HHG Legal Group are always a pleasure to work with."

Giorgia Parham

"I had a fantastic lawyer in Anne Hurley. She helped me out a great deal with good, sound advice in a friendly , professional manner. First class, thanks Anne"

Graeme Hammond

"Marine Plant Systems has been working with HHG Legal Group for a few years now and they continually provide first class service. Their professional advice has been invaluable to our company."

Carolin Grimm

"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."

Rosslyn Tasker - COO AltusQ Pty Ltd

"Good service you can count on."

Miles Lee

"HHG Legal Group have provided outstanding support as I have taken the journey of buying a business, their professionalism is beyound reproach. Their assistance throughout the Due Diligernce process have been invaluable, I would fully recommend them."

Mark Armitage

"I have experienced how good the HHG Legal Group team are over the last 6 years and highly recommend them."

Lyn Hawkins

"Very friendly and efficient service - what a pleasure working with Anne."

Jacques Taylor

"I highly recommend Daniel from HHG Legal Mandurah. When dealing with a complicated legal property matter recently I was extremely impressed by Daniel's honesty and integrity and the legal advice I received. I am very happy with the service from HHG Legal."

Tony Walker