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Special rules apply to couples who want to divorce but have been married less than two years.  In such cases the couple must attend counselling with a family counsellor to discuss the chance of reconciliation before they apply for divorce. The counsellor provides a certificate stating the couple attended counselling.

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Difference between adoption and permanent care?

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Difference between adoption and permanent care?

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There are legal differences between adoption and permanent care. Adopted children become the child of the adoptive parents and a new birth certificate is issued. Children in permanent care live with their new family but retain the legal ties to their birth parents.

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An alternative to adoption is a permanent care order. Children may be placed in the permanent care of another family when their birth family is unable or unwilling to provide appropriate care.

Approximately 100 children are placed in permanent care in Victoria every year. The reasons their birth family cannot look after them include mental illness, drug and alcohol problems and child abuse.

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To be eligible to apply for child support the applicant must:

be separated from his or her partner, this includes same-sex partners

have children under the age of 18 years

provide at least 35 per cent of the care to the children.

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Each family is different and many separating parents reach their own private agreement about the financial support of their children.

The amount of money to be paid is calculated using a formula. The formula takes into account:

both parents' incomes

the amount that each parent will need for self-support after separation (the amount is the same for both parents)

the number of children

the age of the children

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In some cases, the issues relating to children cannot be sorted out by the parties. As a last resort, the following persons may apply to the court for a parenting order:

either or both parents

grandparents

the child

any other person who is concerned with the welfare of the child.

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Many separating parents reach agreement about the arrangements for the care of their children without resorting to court action.

Agreement may be reached privately by the parents or with the assistance of a family counsellor or mediator.

The agreement can be recorded in a written parenting plan that is dated and signed by both parents.

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The birth mother is unable to provide for her child and feels adoption is the best option

They may be an orphan

The child may have been born in another country and, because of war or poverty, the parents have placed the child in permanent care.

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Reasons why people wish to adopt a child

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Reasons why people wish to adopt a child

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They are unable to have children of their own

They may want to adopt their foster child

They want to provide for a child who's in need of a family

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The Family Law Act defines divorce as the termination of a marriage other than by the death of one of the parties to the marriage.
To prove irretrievable breakdown, the parties must have separated and lived apart for a continuous period of at least 12 months.

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heterosexual

monogamous

voluntary

of marriageable age

the parties must follow the procedure specified by the Act prior to the marriage ceremony.

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physically abusive

sexually abusive

emotionally/psychologically abusive

economically abusive

socially abusive

threatening or coercive

intentionally damaging property

exposing a child to violence

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The Family Law Act provides that a de facto relationship can exist:

between two unmarried persons of different sexes

between two persons of the same sex

where one of the parties is legally married to someone else or in another de facto relationship.

Financial: Couples can apply to the Family Court if they cannot agree about financial matters when they separate.

Registration: The Relationships Act allows unmarried couples ( both heterosexual and same-sex couples ) to register their relationship with the Victorian Registrar of Births, Deaths and Marriages. To be eligible, both of the parties must ordinarily live in Victoria. Neither person can be married or be in another registered relationship.

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                                    Family Law

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                                    Family Law

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Family Law is the body of law that deals with Marriage, divorce, custody, adoption, support, paternity and other domestic relations issues.