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Traveling with a child overseas is usually a decision for both parents to make, if they share parental responsibility for the child or if there are Court Orders in place.

Both parents are typically required to sign Passport Applications for their children. Parents should attempt to reach an agreement amicably about such travel decisions and consider attending family dispute resolution in the event that a disagreement arises.

Can I Take My Child Overseas Without Telling My Partner?

Traveling with a child overseas is usually a decision for both parents to make, if they share parental responsibility for the child or if there are Court Orders in place.

Both parents are typically required to sign Passport Applications for their children. Parents should attempt to reach an agreement amicably about such travel decisions and consider attending family dispute resolution in the event that a disagreement arises.

Domestic Violence Order (‘DVO’), also known as “protection” or “restraining” orders are made by the court to prevent domestic violence against the person bringing the application (“the aggrieved”). The imposition of a Domestic Violence Orders will generally impose certain conditions against the person committing the violence (“the respondent”) and prevent any further violence from occurring.

Both conditions and the DVO itself are very serious, and any breach of these orders will constitute a criminal offense.

If you are involved in a litigious parenting matter concerning the future care arrangements for your children, it is likely that you have heard the terms ‘Child Impact Report’ or ‘Family Report’.

How to avoid the Court and the conflict that this entails?
Overcome the conflict.
Use your best endeavours to overcome the conflict.

For the sake of your family, especially your children, learn to negotiate if possible, learn to overcome your animosity and talk to your former partner in a reasonable manner only if for a short period of time to reach a resolution that best suits your children, yourself and your former partner. Seek professional help to acquire these skills.

How to avoid the Court and the conflict that this entails?
Overcome the conflict.
Use your best endeavours to overcome the conflict.

For the sake of your family, especially your children, learn to negotiate if possible, learn to overcome your animosity and talk to your former partner in a reasonable manner only if for a short period of time to reach a resolution that best suits your children, yourself and your former partner. Seek professional help to acquire these skills.

ALTERNATE DISPUTE RESOLUTION
Shuttle Mediation has taken the place of true mediation. How to avoid litigation in the Courts. How can this be achieved?

Prior to Mediation
Matters may be achieved by way of negotiations between the parties themselves or by without prejudice negotiations with solicitors. With Solicitors, the meetings with clients can take place in the solicitor’s meeting rooms or at some neutral venue. Without prejudice, negotiations mean exactly that.

What is a Town agent?
If you know what a town agent is then you have probably been faced with the conundrum of how to represent a client for a Court event or other legal matter in a location away from your locale. This may be interstate or a far enough distance to make it unviable to travel and keep costs down for your client.

If you don’t, it is someone who can represent your client in your stead in Court or elsewhere to save your travel time and your client’s wallet.

What is Evatt List?

The Evatt List – Federal Circuit and Family Court of Australia

Beware of what you tell to the Judge
The Court has the power to award costs for false statement against a party who deliberately misleads the Court
False Statement To Judge

A vengeful spouse in Family Law Matters may seek revenge against a former partner by making a false statement and misleading allegations against his/her former partner, allegations that have no substance or truth.

Be careful what you say.

Section 157 of the Domestic and Violence Protection Act (DFVPA) confers discretion to award costs for a false statement. The section provides: