I am helping my brother to find out some information in regards to his children remaining in Australia he has shared

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Customer: Hello. I am helping my brother to find out some information in regards ***** ***** children remaining in Australia he has shared custody with his ex, who has just given birth to a new baby by her new partner
JA: Who currently has legal custody?
Customer: they have shared custody
JA: Is there a child custody order in place?
Customer: they wish to uproot the boys & move to NZ
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they have a parenting agreement, between the two of them. Nothing official through the courts
Answered by John Melis in 23 mins 1 year ago
John Melis
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John Melis, Expert

Hi, I am a solicitor, and my name is***** am in Australia. There are many ways to handle the situation. The most important is how it happened. I invite you to create a list of points which led to this event. Then review these steps and work out how you can respond to each one in light of your circumstance. Understanding what happened initially is an essential step in trying to resolve your issue. Once you have created your list, then I do suggest that you try mediation with the other party in a written form and also on the telephone. You have a positive approach, and you should be able to resolve this challenging issue you have.

I want to thank you for taking the time to speak with me today.

Hello John,This news only came to light today, after she, ( the ex ) & her new partner, have been in talks between themselves only, regarding relocating themselves & my nephews to New Zealand.
She contacted my brother today & told him of her & her partners plans & that they intend to make the move within the next 6 or so months.
Having had no prior knowledge that this was even her thinking, this has obviously been an extremely unforeseen & upsetting development.
My brother, or anyone else in the family here in Australia, wasn't made aware of this even being a possibility until she had already made her mind & decision & presented it to my brother as fact, not option.Obviously, I wish for my nephews to know their family in New Zealand & I don't wish to keep any of them from each other. I simply wish to know that every decision being made is & will be for the betterment & benefit of the boys. They were both born here, ( 1st generation Aussies ) , so their entire lives are here & my eldest nephew has Autism & does not cope with change well. This would be monumental, in that regard, so I naturally have some serious concerns surrounding the decision to relocate them to NZ.Based on the fact that the parents have an oral parental agreement, what are my brothers options going forward.Thanking you sincerely,Tesha Grace

John Melis, Expert

Parenting can be resolved amicably without court proceedings through family mediation with a counsellor or lawyer.

The Family Relationship Centre is an excellent option. You will be able to mediate the process without a lawyer. You can control the situation in the way you require for your child's protection and best interest.

The Court assumes equal responsibility for the care and provision of children. However, various factors will influence this assumption. Factors include the child's current care arrangements, finances, drug use, moral issues, and criminal behaviour.

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

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".

If the Court issues an order for shared parental responsibility, it imposes on parents an obligation to consult on "long-term issues".

Long-term issues are defined explicitly in the Family Law Act to include 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.

Parents can agree between themselves about their children's care post-separation without involving any court process. This agreement is 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 flexibility.

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

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

​Your satisfaction means everything to us.

I thank you for reaching out today, and I look forward to hearing from you soon.

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