CFS LEGAL

13/02/2024

We are committed to working harder in 2024!

15/11/2023

03/11/2023

Creating a will and planning your estate is crucial for ensuring your assets are distributed according to your wishes. Consult a professional for personalized advice and consider factors like choosing an executor, guardianship for minors, and tax implications. Regular updates are essential to reflect changes in your life. Communicate your wishes to loved ones and ensure they know where to find important documents.

01/09/2023

Children’s views
The ICL should provide the child with the opportunity to express their views that are free from the influence of others. When the ICL is preparing the submission on the evidence as to the weight to be placed on the views of the child, the ICL may consult with the single expert or Family Consultant about the content of the child’s views; the contexts in which those views both arise and are expressed; the willingness of the child to express views and any relevant factors associated with the child’s capacity to communicate.

The ICL is to ensure that any views expressed by the child are fully put before the court and so far as possible, are in admissible form. The ICL is to also arrange for evidence to be before the court as to how the child would feel if the court did not reach a conclusion that accorded with the child’s view.

31/08/2023

Role of Independant Child Lawyer ( ICL )
The ICL enables the child to be involved in decision-making about the proceedings to serve their best interests. However, it does not mean the child is the decision-maker in the proceedings.

To determine the appropriate degree of involvement in an individual case, The ICL needs to consider the extent to which the child wishes to be involved; and the extent that is appropriate for the child having regard to the child’s age, developmental level, cognitive abilities and emotional state and views. Those factors may vary throughout the appointment of the ICL.

The ICL is expected to apply their professional judgment and skill during the representation. The ICL is to act impartially and only represent nothing but just the best interest of the child.

The ICL should seek to work together with any Family Consultant or other relevant expert involved in the case to promote the best interest of the child.

The ICL is to assist the parties to resolve the best interest of the child by either negotiation or judicial determination.

The ICL does not take instructions from the child but is required to ensure the court is fully informed of the child’s views, in an admissible form where possible.

30/08/2023

Consent Orders/Contested Proceedings
Parents can apply for consent orders from the Family Court of Australia if it's determined they are in the child's best interests. Settlements during litigation might occur through negotiation, mediation, or counseling before a hearing.

The court doesn't grant parenting orders easily due to mutual agreement; the child's best interests must be the court's focus. However, in practice, the parental agreement often influences the court's perception of the child's best interests.

29/08/2023

Parenting Orders and Child Support
Parenting orders and child support are distinct under Australian law. Child support orders cannot be requested as part of parenting orders.

28/08/2023

Family Violence Orders
Family Law Act proceedings involving children often involve allegations of violence. Prior family violence orders from state or territory courts might prompt protection orders in family court cases against threatened violence or intimidation.

25/08/2023

Passport Delivery Orders
If a court suspects a child might be taken out of Australia, it can demand the child's passport to be surrendered to the court.

24/08/2023

Location and Recovery Orders
At times, a parent or individual takes a child and becomes untraceable. Courts can issue location and recovery orders. Location orders require individuals to provide information about the child's whereabouts, allowing authorized agencies to take action to locate the child. Recovery orders, often coupled with orders for the child's return, empower the police to recover the child if the parent fails to comply.