Hodgson Lawyers Family Law Parenting 

* 1. Your Family Law matter:

There are generally four areas of Family law where the Courts will intervene should parents be having difficulty in working together.

Parenting:
The law encourages parents and other people interested in a child's welfare to agree on arrangements, including where they'll live, how they'll be financially supported and what their relationship with family members will be. 

Parenting orders confer parental responsibility for a child on a person or persons (see section 61AD(1) of the Family Law Act (Cwlth)). Any other aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

All families are different, and when making arrangements for children or applying for a parenting order, it’s important to make sure the arrangements are practical and in the children’s best interests.

When making a parenting order, the court must consider what’s in the children’s best interests. The court will presume it’s in the children’s best interests for parents to have equal shared parental responsibility, unless there has been child abuse or family violence. Equal shared parental responsibility is not the same as equal parenting time.

Property:
What is a family law property settlement? A property settlement is a family law agreement or order which divides the assets, liabilities and superannuation that you have when you are going through a divorce or separation. It is not included in your application for divorce.

What is 'property' in family law? Property can include almost anything of value. The obvious examples are houses, cars, furniture and 'personal effects' like jewellery. Less obvious property includes superannuation, businesses, trusts, digital assets such as cryptocurrency and family pets.

Please note: The Family Law can only intervene in a property settlement if you file for an alteration of property interests within twelve months of the Divorce (Decree Absolute) or 2 years of seperation if you were residing in a de facto relationship. This is the general rule and whilst there are some exceptions to this rule we recommend you ensure you stay within these time limits. 


Child Support:
Child support is financial support for a child paid by a parent to the child's other parent (or carer). The Australian Government's Child Support Scheme aims to ensure that children receive an adequate level of financial support from both parents following separation. If you are seeking child support from your former partner you should contact the Child Support Agency first and discuss your options with them. The Court becomes involved in child support if you are disputing the decision of the Child Support Agency.

Divorce:
To file for a Divorce you need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. This is known as being separated but living under one roof. You can complete the Divorce application yourself and 'on line' should you wish to. 

What area of family Law can we assist you with?