Child Custody Law Firm, Family Law Melbourne, International Child Abduction

You are here :

Child Custody Law Firm

Case guardianship

Case guardians are often other family members (eg. siblings or parents) who are willing and able to assist people in litigation who, due to health or other capacity issues, are not able to represent themselves in Court proceedings. Clancy & Triado are experienced in Family Law applying for Orders from the Court appointing case guardians who gives instructions to Clancy & Triado on behalf of the person.

Grandparents & other third parties

Clancy & Triado Lawyers have extensive experience with representing grandparents and other interested people to ensure they are able to spend time and communicate with their grandchildren following separation of the child(ren)’s parents. We can facilitate agreements or Court orders if necessary.

International child abduction

We are experienced in international child abduction circumstances, where one parent believes their children have been wrongfully removed from Australia. We advise clients on the legality of situations and the process involved in retrieving children under Australian Federal law and the Hague Convention, and we liaise with the Commonwealth Central Authority.

It is most important to act quickly and understand the various jurisdictions of laws applicable to international child abduction law and our team at Clancy & Triado Lawyers are equipped and experienced in dealing with these situations.

Parenting arrangements

Clancy & Triado Lawyers can assist you to reach a post-separation parenting agreement. The Family Law Act 1975 is focussed to ensure the bests interests of the children are met in any agreement

Arrangements can be worked out between the separating parents through mediation, or other negotiations and can be written in a parenting plan or consent orders. We can recommend various organisations to conduct mediation between you and the other parent; or we can arrange a direct round table conference with you and the other parent (and potentially their advisers).

If agreement can’t be reached, we can advise you about the next possible steps, which might include the parents consulting a psychologist for post-parenting tips; and/or the family consulting a specialist family report psychologist who can make parenting arrangement recommendations about your specific family circumstances.

Other Family Law issues we regularly deal with include:

  • Change of existing parenting arrangements if there has been a change of circumstances
  • International and domestic relocation (whether that be within Victoria, Australia, or overseas)
  • Travel arrangements for children (including passport applications and bonds being secured in Australia if one parent is concerned the other will not return with the children)
  • Change of children’s names
  • Schooling changes
  • Children’s religious issues
  • Same sex parenting arrangements
  • Surrogacy
  • Adoption within Australia and internationally
  • IVF legal parenting issues
  • Children’s medical decisions
  • Paternity disputes
  • Placing children on Australian Federal Police Airport Watch Lists which prevent one parent from taking the children out of the Commonwealth of Australia.
Surrogacy

Surrogacy and in vitro fertilisation is dealt with in Victoria under the Assisted Reproductive Treatment Act 2008 (Vic), which came into operation on 1 January, 2010. The Act removed relationship status and sexual orientation as barriers to conception. The Act also allows a surviving spouse of a deceased person to attempt IVF if the deceased provided written consent prior to their death.

For lawyers with vast experience in Family Law, property settlement, divorce, pre nuptial agreements, child custody and all associated issues, you are welcome to contact Clancy & Triado.