Making Babies - Politics in the Pub Brisbane Powerhouse

Politics in the Pub

On Wednesday 17 September 2014 at 6pm a free event has been organised in the Turbine Platform at the Brisbane Powerhouse, Newfarm by New Farm Neighbourhood Centre.

It is a regular event but the title of the discussion  on 17 September is MAKING BABIES the business of birth.  The panel of experts includes an IV Expert, an Adoptions Qld representative, a representative from Jigsaw and Accredited Family Law Specialists and surrogacy lawyers Randal Binnie (Family Lawyers & Mediation Services) and his colleague in collaborative surrogacy, Ian Field.

All are welcome to attend this free event.

Commercial Surrogacy - Under the spotlight

SURROGACY LAWS

The debate about surrogacy laws, commercial and altruistic continues with the latest development being the Chief Justices of the Family Court and Federal Circuit Court calling for legislative action by the Federal Government.

The link to the article in the Australian is here

It would be a sensible approach to have the Commonwealth legislate comprehensive surrogacy laws to ensure the same law applied Australia wide.  The adhoc approach of the States and the failure to consider commercial surrogacy has forced prospective parents to overseas jurisdictions where there is little control over the process, placing all involved at risk.  Whilst it is a controversial issue it should not be ignored.  The unusual public call by the Chief Justices evidences a real need for reform.  Lets hope someone is listening.

Need surrogacy advice and representation - call Randal Binnie - +61 7 38043244

Contact Centre Services for Children.

Contact Centre Services for Children.

In court proceedings relating to arrangements for children, the Court may make a court order that requires the place where the children changeover from spending time with one parent to the other parent or where a child is to spend supervised time with a parent, to take place at a Children’s Contact Center. This is often the case where there has been domestic violence or one or either parent are unable to conduct themselves appropriately in the changeover when the children are present. In some cases the Court considers that it is in the children’s best interests that the parents do not come into contact with each other or there is concern as to the safety of the children. 

The Children’s Contact Centre staff make records of their observations of the contact between the children and each parent and of any incidents which may occur and conversations between the staff and the children or any notable comments that the children may make. These records may be produced to the Court in evidence under a subpoena, by either party involved in the court proceedings. Often the records made by the Children’s Contact Centre staff are the only significant evidence that the Judge has to consider what parenting arrangements are in the best interests of the children.

Not all Children’s Contact Centres are the same.  There are presently 65 Children’s Contact Centres in Australia funded by the Federal Government which are required to meet 15 government funding approval standards. There are also a number of privately operated Children’s Contact Centres, some of which are a members of the Australia Children Contact Service Association. The privately operated Children’s Contact Services are not required to comply with regulations and are not answerable to a statutory authority or jurisdiction of ombudsman and there is no authority that oversees the operation. In Queensland the government funded Children’s Contact Centres provide a subsidy for parents who are either in receipt of government benefits or low income earners however most of these centres have long waiting times for commencement of services. 

When considering which Children’s Contact Centre is right for you (and your children) you should consider:

a) Safety – government funded Children’s Contact Centres conduct an assessment of each parent as to the suitability of the Children’s Contact Centre to provide the services necessary for the parenting arrangements. For example if there is a documented history of domestic violence then the Children’s Contact Centre can provide appropriate safety measures to ensure that the parties do no come into contact with each other or a party is not a risk of harm during the changeover. 

b) Cost- Private Children’s Contact Centres will take into account the cost of staff working week days or week end shifts and the running costs of the centers when deciding the cost for the service. 

c) Control – Private Children’s Contact Centres are not required to comply with operating procedures or regulations and there is no method of making a complaint if you have a problem with the way a service is being run. 

d) A record made by either a private or government operated Children’s Contact Centre can be subpoenaed and relied upon as evidence to the Court and as a result the protocols and competency of the Children’s Contact Centre to make accurate and unbiased records should be considered. 

Rules for the Family Courts - too complicated.

A recent decision of the Full Court of the Family Court (Thompson & Berg [2014] FamCAFC 73 (2 May 2014), (the link to the case is here ) demonstrates the complexities of the two courts exercising federal jurisdiction under the Family Law Act.  The husband sought an injunction against the wife proceeding with her application on the grounds that the rules of the Family Court should be adhered to in the absence of their being the same rule in the Federal Circuit Court Rules.

The Family Court Rules provide for certain pre-action procedures where the expectation is that parties will try to resolve issues through dispute resolution (negotiation, mediation etc) prior to commencing proceedings. The Federal Circuit Court Rules do not require those strict pre-action procedures.  The outcome is that property settlement proceedings are commenced in the Federal Circuit Court without the requirement of the parties or their lawyers to attempt to resolve matters without the courts intervention.  Compulsory mediation is a requirement under the Family Law Act in relation to parenting issues so it applies to both Courts.

The answer to the question would be to have one set of rules governing both courts administration of the Family Law Act.  That would simply procedures for both the public and the legal profession.  Secondly, the Federal Government (now and previously) have a general policy to promote the resolution of disputes without resort to the courts as it provides self determination and a cost saving to the public purse.  There is need for review and change.

Contact us on 07 38043244 for help with Family Law matters and Mediation.

ABC Law Report on Social Science and Parenting Arrangements for young chlidren

A very interesting discussion was held on ABC concerning young children spending overnight with the non resident parent.

My only comment would be that where parents are able to work together, without conflict and in the absence of family violence, then it is more likely than not that overnight time will not be so difficult for the children to manage.  It really is a matter of a case by case analysis of the dynamics of particular family involved.  You can also go to the ABC webpage to read more by clicking here

Notary Public Services - When do you need a Notary?

What is a Notary?  Find an answer to that question either at Notary Services Qld or on our firm website Family Lawyers and Mediation Services.

Our notarial services include:  Attestation of documents and certification of their due execution for use in Australia and internationally for both companies and private individuals:  Witnessing affidavits, statutory declarations, powers of attorney, contracts, international Wills and other documents for use in Australia and internationally

• Certification of copy documents for use in Australia and internationally
• Certification of original documents for production overseas 
• Preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally
• Preparation of Life Certificates
• Acknowledgements for use in the USA
• Administering of oaths for use in Australia and internationally
• Exemplification of official documents for use internationally
• Preparation of ships' protests
• Noting and protesting of bills of exchange

So if you need documents to be witnessed or certified for use overseas you need a Notary Public.  Justices of the Peace, Commissioners for Declarations or solicitors cannot fulfill the function of a Notary Public.  Notary Publics in Queensland are Senior Solicitors and charge fees for their services.

Another Successful Court result at FLMS

We appeared in the Federal Circuit Court recently on our client's application to set aside orders that were made in 2005.  The Respondent to the proceedings was insisting that the particular order which the Court was asked to set aside should continue to remain in force for her whole lifetime and that of the Applicant. This would have meant that the Applicant would continue to pay certain expenses of the wife which over time amounted to thousands of dollars. This was despite the parties having divorced some years ago and in circumstances where all of their children are now adults.

At the time the order was made our client was not represented and the orders drafted by the other parties solicitor were made by the court in circumstances where clearly they should not have been made for various reasons, not the least of which is that Section 81 of the Family Law Act provides that the Court should, as far as practicable, make orders finalising the financial relationship of parties and to avoid further proceedings between them.  If advice had been sought from us at the time we would have advised the client that the particular order was poorly drafted and should have been amended before he signed it.

You should ensure that you obtain legal advice before signing documents, particularly consent orders or other documents purporting to deal with property settlement, spouse maintenance or child maintenance issues.

We have a range of appointment options to allow you to get the advice you need within your budget.  At your initial appointment you will be advised of the options available to deal with your matter and the likely cost of pursuing those options.  There is no obligation to engage us to act further for you unless you wish to do so.