I'm needing some advice, me and my partner have recently…

Thank you for the information

I summarise your important points as follows:

[1] your question relates to custody matters.

Where you sought out the custody matters in Australia you will be entitled to the protections of a Australia in regards ***** ***** support for your the children.

The child support system in Australia is very good and once you setup your CSA payment system in Australia the payments can be issue to you in NZ.

Also parenting matters should also be considered within Australia as that will support the child support payment claims as well.

Parenting:

The best situation with parenting is to try and resolve the matter amicably without court proceedings through family mediation with a counsellor or lawyer.

The Family Relationship Centre is a good option to start with as you will be able to mediate the process without a lawyer and control the situation in the way you require with the protection and best interest of your child.

https://www.familyrelationships.gov.au/

Equal responsibility for the care and provision of children is assumed by the Court. However, various factors will influence this assumption. Factors includes the current care arrangements for the child, finances, drug use, moral issues and criminal behaviour.

Despite the strong emphasis given to shared parental responsibility after separation, the paramount consideration of the court remains the best interests of the child. Shared parenting outcomes are desirable, indeed preferable, but only where this is consistent with the best interests of the child.

There is a presumption that “equal shared parental responsibility” is in the best interests of children. An order made for equal shared parental responsibility imposes an obligation on the court to consider ordering “equal time” or “substantial and significant time”.

Where an order is made for shared parental responsibility it imposes on parents an obligation to consult on “long-term issues”. Long-term issues are specifically defined in the FL Act to include matters such as health, religion, education, change of name and changes to living arrangements that make it significantly more difficult for the child to spend time with the parent. The court must also consider whether each parent has in the past fulfilled their responsibilities as a parent.

It is possible for parents to come to an agreement between themselves about their children’s care post-separation, without involving any court process. This agreement is called a “parenting plan”. Because it is developed and agreed between both parents, there is no need for the court’s involvement; it is an informal agreement. A parenting plan will generally be more successful where there is a high degree of cooperation and low conflict between the parents. Parents are free to alter the terms of the parenting plans whenever they wish. For example, where the child starts school and arrangements for the school holidays need to be made. In this way, parenting plans provide for great flexibility.

A parent plan must be in writing, signed by the parties and dated.

The parties to a parenting plan will normally be the parents of the child, but could include other persons such as grandparents or step parents who are involved in the care, welfare and development of that child.

The Family Law Act 1975 encourages parties to settle family disputes and to use litigation in the court system only as a last resort.

If the mediation fails the next step is to raise proceedings the Family Court to seek orders for parenting.

You will need to commence an action in the Family Court.

It is recommended that you do use lawyer for this process.

You will also be entitle to pursue financial separation as well:

Financial separation involves having all the assets total into a pool, and then a division is decided upon who gets what percent, for example you may get 70% and your partner 30%. In determining the percentage split all factors are taken into account which include direct and indirect contributions.

The aim should be to settle the financial aspect amicably without processing the matter in court whether it be the Federal Circuit Court or Family Court when children are involved.

Separation can occur under one roof, which means you do not need to leave the family home.

If separation cannot occur amicably it will need to proceed into the court.

If you are facing domestic violence you may want to consider have a family violence order put into place your safety.

Financial separation involves various aspects with alteration of property interests under section 79 of the Family Law Act 1975. Financial separation will usually take into account four facts:

[1] The process will consider the extent of the property of the parties and its value.

[2] The process will consider what contributions have been made by the parties, including direct and indirect contributions of a financial character and non-financial character, and contributions to the welfare of the family, including contributions as homemaker and parent.

[3] The process will consider the circumstances which relate to the present and future needs of the parties and to their means, resources and earning capacity, actual and potential.

[4] The process will consider the effects of points 1 to 3 and resolve what order is just and equitable in all the circumstances of the particular case.

Alteration of property interests between separating couples is an emotional and stressful process and seeking help early is important.

The first step with financial separation is putting together a list of all the assets, and where you are not sure what they are you will need to do a little bit of investigative work to complete list.

Once you have the list ready, the next step is to either commence the process with the forms from the Federal Circuit Court’s website, or with the assistance of a lawyer.

If the financial separation process is done on an amicable basis the matter should be resolved within 3 to 6 months.

The important aspect of the financial separation process is documenting the division of the assets in a binding financial agreement, which can he consented by the court.

You have a legal right to protect your interests in this situation.

You have commented on concerns for your safety and you can seek a restraining order for your protection if needed.

In your present situation you can apply for a restraining order, also known as a family violence protection order where family members are involved, and when non-family members involve it is called a personal safety order.

Restraining orders can be used for various matters, such violence, psychological abuse, financial abuse, verbal abuse, or where there is an imminent fear of violence, or where children hear or witness the same.

The intervention order may:

a. Prohibit a person committing violence against another person.

b. Exclude a person from the victims residence.

c. Restrict a persons access to any premises or specified are, such as workplace.

d. Prohibit a person from contact another person associated with the victim.

e. Require a person to do something, like attend counselling.

f. Direct person to use specific property.

The intervention can be broad out narrow in its requirements.

All you need to do is to demonstrate how the abuse/violence is occurring. An example of violence includes, financial abuse, which is where one partner does not provide sufficient monies for living costs, or creating undue duress on the other party. In this example this is both financial and psychological abuse.

Restraining orders can also be issued for non-family matters, such as stalking, intimidation or harassing conduct, m which is now called a personal safety order. The facts of the claim needs to support the same.

The law will protect you where you are being harassed, intimidated against, or there is financial abuse or psychological, verbal or other forms of violence with a restraining order.

If you consider you need a restraining order, you an attend your local police station to provide a statement and they will determine based on the facts if an interim order will be issued.

If you cannot attend your local police station call 000 and the support operator will assist by arranging the police to come to you as soon as possible.

The police subject to the circumstance, will then issue a interim order for the protection of your safety.

If you do not want contact the police, you may make an application at the local court for an intervention order, and the court will then decide on the balance of probabilities if the interim order is necessary.

An interim order is a temporary personal safety intervention order made by the Court to protect a person from assault, sexual assault, serious threats, property damage or interference, harassment or stalking until the court can decide whether to make a final personal safety intervention order. An interim order prevents the other party from behaving in certain ways, or requires the respondent to do certain things, stated on the order.

An interim order is a civil order, and making an interim order does not necessarily mean that an offence has been committed. However contravention of an interim order is an offence punishable by 2 years imprisonment or a fine of 240 penalty units or both.

You cannot permit the other person to contravene an order of the court. This means that, even if the protected person, you, allows a respondent to disobey the interim order, the respondent would still commit an offence if the contact you.

You have a legal right to protect your safety/interests in this situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

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