Difficult Parenting Matters in Family Law - a 3 program on-demand webinar mini series

Program 1: Escape to the Country: Negotiating Relocation Arrangements

One of the significant impacts of COVID-19 has been the increasing change in location of domicile, with expats moving home, people choosing to live closer to extended family or care for the elderly, movement for job opportunities following redundancy and a desire to relocate for health and wellbeing. As a result, relocation can impact family arrangements and agreements under the Family Law Act. This session will provide a guidance to the issues arising from relocation, including:

• Preliminary advice for a client deciding to re-locate
• To what extent can one parent restrain another from relocating?
• Proposing a relocation agreement and key terms
• Other options for negotiation, including family dispute resolution/mediation
• Drafting parenting plans or consent orders for relocation
• Application to the FCFCOA for permission to relocate – what does the applicant needs to show and what factors will the court consider?
• Determining the best interests of the children – a discussion of relevant cases
• What constitutes the “legitimate interests and desires of the parents”?
• What to do if a party relocates prior to obtaining the other party’s consent?
• Overseas relocation issues and the application of the Hague Convention for abducted children
• Has COVID-19 impacted courts’ decision making on relocation? Re PT (A Child) [2020] EWHC 834; I.C. (A [2020] IEHC 217; Comar Comar [2020] FamCAFC 99; Biondi Koen [2020] FamCA201

Program 2: Parenting Orders for Children with Special Needs

The requirements for the court to consider the best interests of the child can be complicated where the child has autism or other special needs. This session will provide a guide to practitioners and what matters need to be taken into account when considering the nature of the parenting arrangements, including:

• What challenges do families with special needs children have?
• Initial meetings with a client with a child with special needs – asking the right questions
• Making assessments and obtaining expert advice
• Strategies for minimising risks to children in separation, negotiation and seeking orders
• Designing orders to meet the needs of the child, including:
  • Shared custody and the impact of changes to routine
  • Other children of the family: Cullen Cullen [2016] FamCA 110
  • Medical considerations
  • Capability of parents to look after the child Hamilton Logan [2015] FamCA 647
  • Relationship between the parents
  • Ongoing needs where a child may never be independent
• Financial considerations, including setting up a special needs trust
• Support and resources for practitioners

Program 3: Navigating the Child Support Maze

The child support system has undergone considerable changes since its inception, which have led to complexities in navigating the system. While parents have alternative options in the form of private agreements, are these viable? This session will provide a deep dive into the current state of play of the system and what practitioners need to know to consider the best option for their client, including:

• Process for disputing assessments and managing changing circumstances
• Private child support arrangements – when should these be considered?
• Assessing the impact of private arrangements on social security benefits
• Limited Child Support Agreements:
  • Requirements and application
  • Limitations to be aware of
• Binding Child Support Agreements:
  • Requirements and application
  • Benefits and disadvantages
  • Negotiation and drafting tips
  • Termination and setting aside: Rake Rake [2018] FCCA 3181; Martyn v Martyn [2020] FamCA 526
• Proposed reforms to the child support scheme and critical analysis