AUSTRALIA Law and Practice Contributed by: Paul Doolan, Melinda Winning, Carly Middleton and Jeff Marhinin, Barkus Doolan Winning
account in reaching that decision. Significant importance is placed by the court on ensuring that children are kept safe from harm and pro - tected from the risk of abuse, family violence or neglect. The Australian courts have the power – both at the Commonwealth level through the grant of injunctions for personal protection and at a state and territory level by the making of protective orders (commonly known as Appre - hended Domestic Violence Orders) – to protect both children and a parent. In the absence of a court order to the contra - ry, each of the parents of a child have parental responsibility for making decisions in relation to the care, welfare and development of that child. If the court determines that the best interests so dictate, an order can be made that gives to one parent sole parental responsibility for some or all of those aspects of the child’s long-term inter - ests (eg, education, health, or religious upbring - ing). Overview of Parenting Proceedings in Australia If court determination is necessary, whether on an interlocutory or final basis about parenting arrangements, applications are generally heard by the Federal Circuit and Family Court of Aus - tralia Division 1, the Federal Circuit and Family Court of Australia Division 2, or in the Family Court of Western Australia (the latter having its own state-based system). The legislation requires, where it is safe to do so, that parties first participate together in “fam - ily dispute resolution” services to try to reach an agreement on what is in the best interests of their children. If the parties participate and agreement cannot be reached, then a certificate is issued entitling the commencement of pro -
ceedings under the Family Law Act in relation to the child. Australia has a court system that offers special - ised services in cases involving complex parent - ing issues or significant risk issues, including the Lighthouse Project and the Majellan List. Aus - tralian courts can also appoint an independent children’s lawyer to represent the interest of chil - dren in contested parenting proceedings where the matter is of a significantly complex nature such that the court would be assisted by the involvement of an independent representative rather than simply the parties or lawyers for the parties appearing in the hearing. Before any final trial in relation to parenting mat - ters, the court usually requires that a report be prepared for the court by a suitably qualified expert – ie, either a psychologist, psychiatrist and/or medical expert, depending upon the needs of the particular child and/or family under Child support in Australia is primarily governed by the Child Support (Assessment) Act (ie, feder - al legislation). There is an administrative govern - mental body, Services Australia (Child Support Division), that oversees and administers ques - tions of liability for child support and determina - tion of quantum in the first instance. consideration. Child Support There are a series of administrative review and appeal processes that can follow a decision by Services Australia on child support matters. In some circumstances the question of child sup - port can be determined by the Federal Circuit and Family Court of Australia if there are con - current proceedings in respect of other financial relief before the court and it would be just and equitable for the court to hear and determine
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