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Showing posts with the label child custody

What is a parenting order?

  Understanding Parenting Orders A parenting order is a legal document that sets out the responsibilities and obligations of parents towards their children after a separation or divorce. This order is usually issued by a court and is designed to ensure the best interests of the child are met. It covers a range of issues including  custody, visitation rights, and financial support . The Purpose of a Parenting Order The main purpose of a parenting order is to provide a clear and enforceable framework for co-parenting. It outlines the rights and responsibilities of each parent, ensuring that both parties understand what is expected of them. The order also serves to protect the child's right to have a relationship with both parents, unless it is found to be harmful to the child. What is Included in a Parenting Order? A parenting order typically includes provisions regarding: Custody :  This refers to who the child will live with. It can be sole (one parent) or joint (shared between the

Fairbairn v Radecki (2022) HCA 18: Implications on how the law views de facto relationships

  Understanding Fairbairn v Radecki: A Landmark Case in De Facto Relationship Law The legal definition and status of de facto relationships have long been a subject of debate in Australian family law. The recent High Court decision in  Fairbairn v Radecki (2022) HCA 18  has provided significant clarification on how the law perceives and adjudicates upon these relationships. This blog post delves into the implications of this pivotal case and what it means for parties in a de facto relationship. The Background of Fairbairn v Radecki In Fairbairn v Radecki, the High Court was asked to consider whether a de facto relationship existed between Mr. Fairbairn and Ms. Radecki. The crux of the case involved examining the couple's living arrangements, financial interdependence, and the overall nature of their relationship. The decision reached by the High Court has set a precedent that will influence how similar cases are approached in the future. Criteria for Establishing a De Facto Relatio