The Law Handbook 2024

Chapter 4.2: Parental responsibilities and child support 267 to assist the court in its determination. The court may ultimately deem the child’s wishes as not representing the child’s best interests. However, once the child’s wishes are expressed, they must always be made known to the court. Adoptions A parent, the spouse or de facto of that parent, or both the parent and spouse or de facto together, may apply to adopt a child. If the other natural parent is still alive, conflict can arise in relation to issues of parental responsibility. Under the FL Act, the adoption of a child will end the parental responsibility of the other parent except in limited circumstances. Reports by family consultants The court may, at its own suggestion or by application of either or both of the parties, order that a report be prepared by a family consultant. The family consultant may be a private practitioner (known as a Regulation 7 family consultant), or employed by the court (known as a Court Child Expert – see www.fcfcoa.gov.au/fl/pubs/family-consultants for more information). The report contains the family consultant’s assessment of various matters and is presented to both parties and the court. 1 The court may order that a report be prepared by a family consultant and the proceedings may be adjourned until it has been obtained. The court has the power to make different orders in relation to reports but generally requires the officer to look at such matters as: a the relationship between both parents; b the relationship between the parents and the children and any other relevant party such as a de facto spouse and grandparents; c the accommodation standard and quality; and d any other matter which the consultant considers relevant. 2 The court may order that a report be obtained from a family consultant if there is some doubt whether the arrangements made for the child’s welfare in divorce proceedings are proper. 3 When a report has been obtained, the court may: a supply copies of the report to the parties, their legal practitioners or to any legal practitioner representing a child under the FL Act; b receive the report in evidence; or c permit oral examination of the person making the report. Supervision orders When making a parenting order, the court may sometimes direct that the order be supervised by a family consultant. In practice, unless some specific supervision is ordered, this means that the family consultant is available to the parties to make comments and raise issues of concern to them in relation to the way the operation of the orders are impacting on the child etc. The family consultant is able to give assistance where it is reasonably requested by a party. Due to resource limitations this order is now rarely made. Taking a child overseas A child cannot be taken overseas without the written consent of any person who has a parenting order. It is also necessary to get the consent of anyone in the process of applying for a parenting order. If there is a possibility or threat of a child being removed from Australia, the court may order that the child’s passport be delivered to the court. It may also order that a child be restrained from removal from Australia. Which court can hear matters related to children? Family Court and Federal Circuit Court of Australia In 2021, the Family Court of Australia and the Federal Circuit Court were merged and became the Federal Circuit and Family Court of Australia ( FCFCOA ). This is the main court that deals with family law matters in Australia. The former Federal Circuit Court is now known as Division 2 of the FCFCOA and the former Family Court is now known as Division 1 of the FCFCOA. Magistrates’ Court The Magistrates’ Court may grant interim orders for parenting orders. If challenged, an application for parenting orders must be transferred to the FCFCOA unless the parties agree to have the matter heard in a