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Family Law Top 5 Questions - Children

Tanya Lavan outlines the most common question asked about children in Family Law matters

I have noticed the same questions repeated by Family Law clients when sharing what they are most concerned about in parenting matters.

1. “He/She said they would take the children and I would never see them again”

Children have the right to have a relationship with both parents. Make sure you enforce those rights. Seek a Consent Order to specify the time you will both spend with the children. If you’re worried your former partner is a flight risk, you can pursue an Airport Watch List Order or hold your children’s passports.

2. “He/She said their lawyer will make me look like a bad mother / father”

Family law matters are still based on evidence. Allegations are required to be proven. Further, family law matters are not able to be published pursuant to section 121 of the Family Law Act 1975.

3. “He/She said I would get child support and that’s it”

Child Support pursuant to a Child Support Agency assessment is separate to spousal / de-facto maintenance and also separate to a division of property assets. Get advice on all three.

4. “Can I move home to a different state or country with my child”

Relocations are possible for both you and your child. You’ll need a lawyer to help you navigate the pathway and it’s important to have information about why and where you wish to go.

5. “I haven’t seen my children in X number of days...”

Do something right now as the longer you leave it the worse it can get. Whatever the reason your former partner has, this isn’t fair on the children and should only take place in certain specific circumstances.

If you have questions beyond these top five, contact Tanya Lavan on 0439 184 220 to discuss your concerns and possible solutions.

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About the author

Tanya Lavan
Principal Solicitor - Family Law

Tanya heads up the firm's family law practice along with Daniel Myers. Originally from New Zealand, Tanya completed a Bachelor of Laws and Bachelor of Commerce and Administration before moving to Melbourne in 2007. Being able to practice in both jurisdictions has resulted in the conduct of a number of international relocation matters to New Zealand.

Tanya has focussed on Family Law sin...

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