International child abduction is a heart-wrenching issue affecting countless families worldwide. In an increasingly interconnected world, it has become imperative to address cross-border disputes involving the wrongful removal or retention of children.

The Hague Convention on the Civil Aspects of International Child Abduction, often referred to simply as the Hague Convention, plays a crucial role in these cases, providing a legal framework for the prompt return of abducted children to their country of habitual residence.

The Hague Convention: An Overview

The Hague Convention was concluded on October 25, 1980, under the auspices of the Hague Conference on Private International Law. The primary aim of the Convention is to protect children from the harmful effects of international abduction by a parent or guardian and to secure their prompt return to their country of habitual residence. As of 2023, over 100 countries are parties to the Convention, demonstrating its global acceptance and importance.

Objectives of the Hague Convention

  1. Prompt Return of the Child: The Convention seeks to ensure the swift return of abducted children to their habitual residence, thereby restoring the status quo before the abduction occurred.
  2. Protecting Custody Rights: By providing a legal mechanism for the return of abducted children, the Convention reinforces respect for custody arrangements and parental rights as determined by the child’s habitual residence.
  3. Preventing Forum Shopping: The Convention aims to prevent parents from seeking a more favorable legal jurisdiction by wrongfully removing or retaining their child in another country.

Mechanisms and Procedures

The Hague Convention sets forth a clear procedure for the return of an abducted child:

  1. Central Authorities: Each signatory country must designate a Central Authority to handle applications under the Convention. The Central Authority assists in locating the child, facilitating voluntary returns, and providing legal assistance.
  2. Application Process: A parent or guardian seeking the return of an abducted child can submit an application to the Central Authority of either the child’s habitual residence or the country where the child has been taken.
  3. Judicial Proceedings: If voluntary return is not possible, the case is brought before the judiciary in the country where the child is located. The court must determine whether the child was wrongfully removed or retained and whether any exceptions to the return apply.
  4. Exceptions to Return: The Convention provides specific grounds on which a court may refuse to order the return of a child, including the risk of physical or psychological harm to the child, the child’s objections if they are of sufficient age and maturity, and if the return would violate fundamental principles relating to the protection of human rights and fundamental freedoms.

Challenges and Criticisms

While the Hague Convention has been instrumental in addressing international child abduction, it is not without challenges:

  1. Compliance and Enforcement: Ensuring compliance with the Convention’s provisions can be difficult, particularly in countries with less developed legal systems or where the Convention’s principles conflict with local laws and customs.
  2. Prolonged Legal Battles: In some cases, legal proceedings under the Convention can become protracted, leading to extended periods of uncertainty and distress for both the child and the parents involved.
  3. Psychological Impact: The process of returning a child to their habitual residence can be traumatic, especially if the child has developed significant ties in the new country.
  4. Non-Signatory Countries: The Convention’s effectiveness is limited to signatory countries. Cases involving non-signatory countries can be more complex and harder to resolve.

Notable Cases

Several high-profile cases have highlighted the complexities and emotional toll of international child abduction:

  1. Elian Gonzalez Case: Although not directly under the Hague Convention, the Elian Gonzalez case in 2000 drew international attention. Elian, a Cuban boy, was found in Florida after his mother drowned during their attempt to reach the United States. A custody battle ensued between his relatives in Miami and his father in Cuba, culminating in Elian’s return to Cuba.
  2. David Goldman Case: In 2009, David Goldman was reunited with his son Sean after a five-year legal battle. Sean was taken to Brazil by his mother, who subsequently passed away. The case highlighted the challenges of navigating international legal systems and the importance of the Hague Convention. Conclusion

The Hague Convention on the Civil Aspects of International Child Abduction remains a vital tool in addressing the complexities of international child abduction. By providing a legal framework for the prompt return of abducted children and reinforcing respect for custody arrangements, the Convention seeks to mitigate the devastating impact of child abduction on families. However, ongoing efforts to improve compliance, address legal challenges, and support affected families are essential to ensure the Convention’s continued effectiveness and humanitarian impact.

Phoenix Law & Associates are specialists in family and migration law, and can help you at a distressing time. Phoenix Law & Associates speak many languages fluently. Call 1800GETHELP. Level 16, 300 Adelaide St, Brisbane #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish #migrationlaw #HagueConvention

The Hague Convention is in force between Australia and the following countries:
• Albania
• Argentina
• Armenia
• Austria
• Bahamas
• Belarus
• Belgium
• Belize
• Bosnia and Herzegovina
• Brazil
• Bulgaria
• Burkina Faso
• Canada
• Chile
• Colombia
• Costa Rica
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia
• Fiji
• Finland
• France
• Georgia
• Germany
• Greece
• Guatemala
• Honduras
• Hong Kong (China)
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Japan
• Latvia
• Lithuania
• Luxembourg
• Macau (China)
• Malta
• Mauritius
• Mexico
• Moldova, Republic of
• Monaco
• Montenegro
• Netherlands
• New Zealand
• Nicaragua
• Norway
• Panama
• Paraguay
• Peru
• Poland
• Portugal
• Republic of Korea (from 1 June 2015)
• Romania
• Saint Kitts and Nevis
• San Marino
• Serbia
• Singapore
• Slovakia
• Slovenia
• South Africa
• Spain
• Sri Lanka
• Sweden
• Switzerland
• Thailand
• The Former Yugoslav Republic of Macedonia (FYROM)
• Trinidad and Tobago
• Turkey
• Turkmenistan
• Ukraine
• United Kingdom
• United States of America
• Uruguay
• Uzbekistan
• Venezuela
• Zimbabwe.

Two heavyweight Asian Baseball teams delighted Brisbane baseball players and fans at Carina last Saturday. They enjoyed the display of outstanding skills and great sportsmanship, as Brisbane Samurai Japan defeated the Taiwan National Travelling Team 12-3 .

A huge crowd and many VIPs including Mr William Fan gathered at Carina Leagues Redsox Baseball Field.

We welcomed these distinguished guests ;
William FAN, the Director general of the Taipei Economic and Cultural Office Brisbane,
Charles OU YANG, the Director of Queensland Taiwan Centre,
Phyllis LO, Commissioner, Overseas Community Affairs Council, Taiwan
Anita HUANG, the president of Australian Taiwanese Chamber of Commerce Queensland.
Koda CHEN, the President of TAIWAN FRIENDSHIP ASSOCIATION OF QUEENSLAND.
Grace YU, the Brisbane Lord Mayor’s Charitable Trust Ambassador
Mlib Tmetuchl, the President of Palau Major Lague Baseball
Mr Daisei Yamamoto (President of Brisbane Japan Chamber of Commerce and Industry)
Ms Mari Kurita (President of Japanese Club of Brisbane)
Ms Kumi Ikeda (Representative from Brisbane Seinendan)

The main sponsor for this game, @Brisbane Bandits generously provided the prizes for the game MVP, the Best Batter, and Best Pitcher namely:

Brisbane Bandits Game MVP – Masahiro Takahashi
Best Batter – Hsiang Wang
Best Pitcher – Ken Yoshida
Congratulations to these players!

The game was a great opener for the QLD Baseball season. Now our Brisbane Bandits are returning to Viticon Stadium on Thursday, 21 November 2024. Visit the full details from #ABL25 Bandits schedule #Carinaleagues #BrisbaneBandits #ABL

PHOENIX LAW & ASSOCIATES is a passionate supporter of Brisbane Bandits BASEBALL. Phoenix Law & Associates speak Japanese fluently – and many other languages. Call 1800GETHELP. Level 16, 300 Adelaide St, Brisbane #baseball #BrisbaneBandits #homeconveyancing #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish

If you like being challenged intellectually, whilst being supported by a tight and supportive well-resourced multi-lingual team, where ethical values matter, then consider applying with PHOENIX LAW & ASSOCIATES.

We are looking for a highly skilled and motivated COMMERCIAL LITIGATION LAWYER to join our BRISBANE legal team. Phoenix Law & Associates specialise in commercial disputes, we provide exceptional personalised legal services to our diverse multilingual clientele. This is an exciting opportunity for a talented individual who thrives in a challenging and dynamic environment. Phoenix Law – big firm talent;  small team culture.

Apply to Hideki Shimizu at  info@phoenix-law.com.au  Level 16, 300 Adelaide Street, BRISBANE, QLD #law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw 

Responsibilities:

•       Handle a wide range of commercial litigation cases, including contract disputes, business torts, intellectual property matters, employment disputes, and other related issues.

•       Conduct thorough legal research and analysis, prepare pleadings, motions, and other legal documents.

•       Represent clients in court proceedings, arbitrations, mediations, and negotiations.

•       Develop and implement effective litigation strategies to achieve favourable outcomes for clients.

•       Provide legal advice and guidance to clients on complex legal matters, ensuring compliance with applicable laws and regulations.

•       Collaborate with colleagues and work as part of a cohesive team to achieve department and firm goals.

•       Stay updated on changes in legislation, case law, and industry trends to effectively counsel clients and provide accurate legal opinions.

We’re aware of the strain litigation can put on our clients, and that’s why we’re committed to delivering timely, favourable results. Join our dynamic team. As a Commercial Litigation Lawyer, you will have the opportunity to make a significant impact, work on complex cases, and collaborate with top legal professionals in the field.

We offer competitive compensation packages and a supportive work environment that fosters professional growth and development. Phoenix Law is an equal opportunity employer. We have a team of multilingual lawyers that celebrate diversity and are committed to creating an inclusive and respectful workplace.

How to Apply

APPLY BY EMAIL: info@phoenix-law.com.au . |300 Adelaide Street, BRISBANE, QLD

#law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw 

Beginning May 10, 2024, prospective students and their guardians aiming to study in Australia will need to meet revised financial capacity requirements. This adjustment comes as part of the Australian government’s efforts to ensure that international students have adequate financial resources to sustain themselves during their studies in the country. The amendment aligns the financial capacity requirement with 75 percent of the national minimum wage, providing a clearer indication of the funds necessary to maintain a basic standard of living while pursuing education in Australia.

Updated financial capacity requirement

The updated financial capacity requirement reflects a consideration for the fact that students spend approximately 25 percent of the year out of course sessions. During this time, they may choose to return to their home countries or engage in unrestricted work opportunities, enabling them to support themselves financially. By recalibrating the financial threshold in this manner, the Australian government aims to empower international students to make informed decisions about their educational journey and mitigate various challenges commonly associated with insufficient financial resources.

One of the primary benefits of the increased financial capacity requirement is the potential reduction in financial distress experienced by international students upon arrival in Australia. Adequate financial preparation ensures that students can meet their living expenses without resorting to excessive work hours, which could otherwise compromise their academic performance and visa compliance. Moreover, the adjustment aims to safeguard students from the risks of exploitation in the workplace, as they are less likely to seek unauthorized employment due to financial pressures.

Increased minimum required funds

The subsequent table will outline the increased minimum required funds necessary to fulfill the financial capacity requirement.

 Financial capacity requirement before 10 May 2024Financial capacity requirement after 10​​ May 2024
primary applicantAUD24,505AUD29,710
spouse or de facto partner of the Student primary applicant (not applicable to Student Guardian applicant)AUD8,574AUD10,394
dependent childAUD3,670AUD4,449
annual school costsAUD9,661AUD13,502
personal annual income if there is no member of the familyAUD72,465AUD87,856
personal annual income where there is a member of the family unitAUD84,543AUD102,500

Table retrieved from Department of Home Affairs Website. https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

It’s important to note that applications lodged before May 10, 2024, will be assessed based on the financial capacity requirements in effect at the time of application. However, prospective students and their guardians are encouraged to familiarize themselves with the updated requirements to ensure compliance and avoid any potential discrepancies.

In conclusion, the increase in the financial capacity requirement for Australian student visas represents a proactive step towards enhancing the overall well-being and experience of international students studying in the country. By aligning the financial threshold with a proportion of the national minimum wage, the Australian government aims to foster a supportive environment conducive to academic success and personal development for all international students.

For more detailed information, applicants are directed to refer to the Subclass 500 Student visa and Subclass 590 Student Guardian visa guidelines provided by the Australian government. Alternatively, prospective applicants can contact our office by either calling us on 07 3138 0908 or email us at info@phoenix-law.com.au.

Preparation means seeking advice early

You don’t need to be on the brink of separation to obtain helpful family law advice.  For some couples, the separation process can be over many cautious years, with a great deal of thought and preparation and the need for financial advice. For other couples, of course, it can be very different.

We find that we are more often approached for information by women first,  because of concerns about financial insecurity and find that Australians from other ethnic groups may culturally have more apprehension in seeking help,  and perhaps have fewer information resources to access.  Overseas sole custody laws can also be seen as a powerful deterrent. However, historically, women have initiated more divorce applications in Australia than men.

Mehr – The Dowry – and other cultural and religious dimensions

In addition to the legal aspects, it is important to recognise the cultural and religious dimensions that may influence the separation process. In many Muslim communities, for instance, the concept of Mehr, a mandatory payment made by the groom to the bride at the time of marriage, serves as financial security for the bride.

This concept of financial protection extends into discussions surrounding separation and divorce. Addressing matters such as dowry and Mehr is essential within these communities, ensuring equitable outcomes and honouring religious obligations.

Our team at Phoenix Law & Associates understands the significance of such cultural nuances and can provide guidance that respects both legal requirements and personal beliefs, ensuring a comprehensive approach tailored to your unique situation. (Fatima , Solicitor Bachelor of Law; Graduate Diploma of Legal Practice)

What is Separation?

In Australia separated means you have stopped living together as a couple, and at least one person in the relationship makes the decision to separate, acts on that decision and tells the other person. Your partner doesn’t have to agree. You can be separated and still be living in the same home.

There are no legal requirements for separation. If you’re new to Australia or are worried about residency, please talk to us about that.

One person may move out of the home, or you can be still living at home together but have separate lives—this is called ‘separation under the one roof.’ You may have to prove these living arrangements to agencies such as Centrelink. When deciding if you are separated under one roof, they will consider whether:

  • you sleep together
  • you have sex or sexual activity
  • you share meals and domestic duties (in a different way than when you were married)
  • you share money and bank accounts
  • family and friends think of you as separated.

Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation, but no one can be forced to.

Therapeutic, permanent and legal separation

Depending on your intentions, relationship therapists will talk about 3 possible states. Firstly, a therapeutic, healing or trial separation – which is temporary and structured time apart, to help a couple heal their broken relationship. The others – a permanent separation; and a legal separation.

Some benefits of a therapeutic or trial separation may be ;

  • Personal Growth: Time apart can foster personal growth and change. This evolution, coupled with a new understanding of oneself and one’s partner, can be a catalyst for reunions.
  • Challenges Ahead: Reunited couples are not exempt from challenges. They must address past grievances, manage external perceptions, realign after personal changes, and navigate the potential complexities of remarriage.
  • Foundations Matter: For a successful reunion, open communication, self-reflection, setting boundaries, and, if necessary, seeking professional counselling are crucial steps.

Divorce statistics.

The traditional expression “ the seven-year itch”, may have some truth as the average length of a marriage, at least in the United States, that ends in divorce is 8 years,  and here in Australia, most divorces happen between year three and year seven of marriage. Just 4% of couples divorce after 10 years of marriage.

One-sided divorce is possible in Australia as long as the couple has been separated for at least 12 months. The crude divorce rate (divorces per 1,000 Australian residents) was 2.2 divorces per 1,000 residents in 2021, up from 1.9 in 2020. It could be estimated that 44% of marriages in Australia end in divorce.

January is sometimes considered “divorce month”, as an enforced time in a challenging relationship without the usual space that work, sports and other activities may bring issues to the fore.  Lack of support and commitment is the most common reason given by divorcing couples. Other concerns may be too many arguments; Infidelity; being married too young; unrealistic expectations; lack of equality in the relationship; lack of preparation for marriage and substance or domestic violence or abuse.

Reunion rates show that between 10 to 15% of separated couples do reconcile, and approximately 6% of divorced couples remarry each other.

Preparing yourself early

As hard as separation or divorce might be, well-informed and supportive non-judgmental legal advice will lessen the emotional burden. A professional third party can help you navigate through the challenges. Often children are involved, and seeing the bigger picture may help minimise the impact on everyone.

Preparing yourself for any eventuality may include seeking mediation and protecting yourself financially by opening your bank account; separating assets or debts, and inventory assets.  We can help with planning and advice, as each person’s needs differ.

Language and Culture matter

Phoenix Law and Associates have compassionate and sensitive Family Law specialists to help you through. To gain a free introductory perspective call Phoenix Law & Associates 1800GETHELP.  We have multilingual lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian.

Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/  #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

With thanks; Legal Aid Queensland and Forbes review

AUSTRALIA HAS OFTEN BEEN CALLED THE LUCKY COUNTRY, BUT IS IT ONE OF THE HAPPIEST COUNTRIES TOO?

Australia consistently ranks highly on global indexes for quality of life and is proud to be a multicultural society that welcomes people from all backgrounds. In terms of healthcare, education, economic freedom, a low crime rate and a high standard of living, Australia is considered a great place to raise a family or build a career. With a thriving arts and culture scene, it is easy to feel at home in Australia, no matter where you are from.

The GALLUP WORLD HAPPINESS REPORT FOR 2024 was released two days ago, and Australians ranked overall 10th globally as the happiest country in the world. Most often, the happiest countries tend to have small populations under 15 million people, but at 26 million people, Australia could be considered a large country, that still rates in the top 10.

Why the happiest?

The Report was based on self-reporting by citizens and showed similar trends amongst happier countries. Some are very obvious –levels of gender equality, a level of trust in institutions and fellow citizens and low corruption, free education and universal healthcare. Those countries suffering war and revolution like Afghanistan clearly will rate as very unhappy.

Australia’s economy is solid and stable, with opportunities for growth in various industries, including healthcare, finance, and technology, with a low unemployment rate and high wages. Australia’s geographical area is twice that of India, and its population is half of what India has. Residents and visitors agree Australia has incredible natural beauty;  iconic beaches, forests, oceans, lakes, mountains to the stunning outback.

Who are the happiest Australians?

It seems the happiest Australians are aged over 60 years. Australians under 30 years ranked 19th in global happiness. Australia’s young are still far happier than most of the young people in the world but in common with New Zealand, the US and Canada, the concerns were rising social media use, income inequalities, the housing crisis, and fears about climate change.

As Australia’s population has grown, housing densities have had to rise, changing the types of homes that people are used to, but Australia’s young are still a lot happier than most other countries.

The happiest suburbs?

It stands to reason that the happiest suburbs are those that contain people aged 60 plus. Most are in regional towns or close to the water. However, Brisbane has two, despite being a capital city. Most Australians are happy with their surroundings as nature is always so close, with easy access to walking tracks, parks, hiking, surfing, and skiing.

Not so happy?

Even in a lucky and happy country, personal and business issues that take your energy and rob you of sleep will naturally occur.  From Family law concerns to commercial law services, migration law, conveyancing and property needs; personal injury incidents, and Will and Estate planning.

Phoenix Law has skilled lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you. CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/ #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #Happiness #Legaladvice

The landscape of worker visas is undergoing a seismic shift, with chicken farmers and music instructors finding favour, while traditional roles like chefs and managers are left off the list. We may see the new era of the Skills in Demand Visa, slated to replace the Temporary Skill Shortage (Subclass 482) Visa in 2024. This new visa promises a four-year stint for skilled workers across three distinct streams, paving the way for Permanent Residency for all eligible applicants.

The government’s aim to streamline employer-sponsored visas hit a snag with the unveiling of the initial job list, drawing concern from sectors like construction facing acute labour shortages. Despite assurances of prioritising migrants with sought-after skills, the draft list raised eyebrows among employer groups and international students alike.

Under the Skills in Demand Visa umbrella, three pathways emerge: the Specialist Skills Pathway, catering to top-tier professionals commanding a minimum salary of $135,000; the Core Skills Pathway, featuring an updated occupation roster and a salary threshold starting at $70,000; and the Essential Skills Pathway, tailored for lower-wage earners.

While IT professionals and accountants may find themselves initially sidelined, salvation could come in the form of a government proposal granting visas to individuals earning over $130,000, regardless of their field. However, the Hospitality sector stands poised to challenge this plan, underscoring the vital role migration plays in sustaining many eateries and cafes.

Acknowledging the labyrinthine complexity of the current visa system, newly appointed ministers have pledged a simplified approach, echoing Minister for Home Affairs Clare O’Neil’s sentiment on untangling the “bowl of spaghetti” comprising convoluted visa classes and eligibility criteria.

December ushered in a clearer roadmap, condensing work visas into three streamlined streams. The top tier beckons migrants with prospective employers willing to shell out over $130,000, offering a visa irrespective of occupation. On the flip side, those earning below $70,000 may secure visas under specific circumstances, such as in aged care. For earners falling between the $70,000-$130,000 bracket, entry hinges on a revamped jobs list spotlighting high-demand skills and scarce expertise.

Gaining an Australian Visa may be a very complex business. Phoenix Law & Associates have skilled migration lawyers to assist you, who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you.

CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City| https://www.phoenix-law.com.au/ #WorkerVisa #Migration #AustraliaVisa #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

PARENTING ARRANGEMENTS are delicate and emotionally charged.

FAMILY LAW is the main legal framework relating to divorce, separation, children, parenting arrangements, property, and financial matters.  But most would agree, there are few matters as delicate and emotionally charged as determining parenting arrangements.

When a relationship dissolves, whether through divorce, separation, or other circumstances, decisions about child custody and visitation rights become the most important.  As lawyers specialising in family law, Phoenix Law approaches your issue with sensitivity, diligence, and a thorough understanding of the legal intricacies involved. Let’s look at some key considerations when determining parenting arrangements.

The Best Interests of the Child

The best interest of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child and is a fundamental principle in Australian family law. When a parent or the Court makes any decision relating to a child, the child’s best interests are always taken into account. But what exactly constitutes the “best interests” in Australia?

The UN Convention on the Rights of the Child looks at evaluating and balancing “all the elements necessary to decide in a specific situation for a specific individual child or group of children”. With a multiplicity of factors to consider, usually, more than one profession or institution is involved in the assessment process, bringing together areas of expertise from the country-of-origin perspective and, the perspective of the child.

The following aspects are relevant

The child’s views and aspirations.

The identity of the child, including age and gender, personal history and background;

The care, protection and safety of the child;

The child’s well-being.

The family environment, family relations and contact;

Social contacts of the child with peers and adults;

Situations of vulnerability, i.e. the risks that the child is facing and the sources of protection, resiliency and empowerment;

The child’s skills and evolving capacities;

The rights and needs with regard to health and education;

The development of the child and her or his gradual transition into adulthood and an independent life;

Any other specific needs of the child.

What Does The Law Say?

Under Section 60CC of the Family Law Act 1975, the Court determines the best interests of the child based on two primary considerations – “the benefit to the child of having a meaningful relationship with both of the child’s parents; and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.”

Prioritising the best interests of the child may seem like a straightforward concept, but the application can vary significantly depending on the circumstances of each case. As your Family Lawyers, our role is to advocate for arrangements that promote the physical, emotional, and developmental well-being of the child above all else. At Phoenix Law, we have a range of multilingual lawyers, who understand your language and also your customs.

Types of Custody

Understanding the different types of custody is key to creating suitable parenting arrangements. Physical custody refers to where the child resides, while legal custody pertains to decision-making authority regarding the child’s upbringing, including matters related to education, healthcare, and religion. Custody arrangements can be sole (where one parent has primary custody) or joint (where both parents share custody responsibilities).

Parenting Plans

Developing a comprehensive parenting plan is the foundation of effective parenting arrangements, and outlines the specifics of custody and visitation schedules, communication protocols between parents, methods for resolving disputes, and any special considerations regarding the child’s needs. Crafting a well-thought-out parenting plan requires meticulous attention to detail and a thorough understanding of state laws and regulations.

Factors Considered by the Court

In cases where parents cannot reach a mutually agreeable arrangement, the court may intervene to determine custody and visitation rights. When making these decisions, courts consider a myriad of factors, including each parent’s ability to provide a stable and nurturing environment, the child’s relationship with each parent, any history of abuse or neglect, the child’s preferences (depending on their age and maturity), and each parent’s willingness to facilitate a positive relationship between the child and the other parent.

Exploring Mediation and Alternative Dispute Resolution

Given the emotional toll and financial burden of prolonged litigation, many courts encourage parents to explore alternative dispute resolution methods, such as mediation or collaborative law. These approaches aim to facilitate constructive dialogue between parents, empower them to reach mutually acceptable agreements and minimise the adversarial nature of traditional courtroom proceedings. As attorneys, Phoenix Law & Associates play a crucial role in guiding our clients through these processes and advocating for your interests, whilst prioritising the well-being of the child.

Modifications and Enforcement

Parenting arrangements aren’t static; they may need to be modified over time to accommodate changing circumstances such as parental relocations, remarriage, or shifts in the child’s needs. When seeking modifications, parents must demonstrate a substantial change in circumstances warranting the adjustment. Additionally, ensuring compliance with existing arrangements may require legal intervention if one parent fails to adhere to the agreed-upon terms.

In Summary..

Whilst piloting parenting arrangements, we must approach each case with empathy, professionalism, and a commitment to achieving outcomes that serve the best interests of the child. By understanding the legal principles, advocating effectively for our clients, and fostering cooperation whenever possible, we can help families navigate the complexities of custody and visitation with compassion and integrity.

Phoenix Law has skilled lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you with Family Law. CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/ #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #Wills #Estates #Migration #Accident #InjuryLaw #BusinessLaw

We are professionals who take a practical, personal and compassionate approach.

Our director, Hideki Shimizu, takes an active role in the Brisbane sporting and youth-development community and heads the team at Phoenix Law & Associates
We have a multilingual team that is well-connected with communities in Brisbane, the Gold and Sunshine Coasts, and enjoy working together.
Our experience covers a wide range of matters, from complex international business matters right through to highly personal family law cases.
We work tirelessly to achieve the best possible outcomes for our clients.
As licensed members of the Queensland Law Society, we serve the public with fairness and professionalism.

We are seeking a COMMERCIAL LITIGATION LAWYER to join our BRISBANE legal team.

This is an exciting opportunity for a talented individual who thrives in a challenging and dynamic environment, to handle a wide range of commercial litigation cases, including contract disputes, business torts, intellectual property matters, employment disputes, and other related issues.
• Conduct thorough legal research and analysis, and prepare pleadings, motions, and other legal documents.
• Represent clients in court proceedings, arbitrations, mediations, and negotiations.
• Develop and implement effective litigation strategies to achieve favourable outcomes for clients.
• Provide legal advice and guidance to clients on complex legal matters, ensuring compliance with applicable laws and regulations.
• Collaborate with colleagues and work as part of a cohesive team to achieve department and firm goals.
• Stay updated on changes in legislation, case law, and industry trends to effectively counsel clients and provide accurate legal opinions.

We’re aware of the strain litigation can put on our clients, and that’s why we’re committed to delivering timely, favourable results. Join our dynamic team. As a Commercial Litigation Lawyer, you will have the opportunity to make a significant impact, work on complex cases, and collaborate with top legal professionals in the field. We offer competitive compensation packages and a supportive work environment that fosters professional growth and development.

Phoenix Law is an equal opportunity employer. We have a team of multilingual lawyers that celebrate diversity and are committed to creating an inclusive and respectful workplace. Phoenix Law – big firm talent; small team culture.

How to Apply
APPLY BY EMAIL: info@phoenix-law.com.au. | 300 Adelaide Street, BRISBANE, QLD

#law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw

On a sparkling winter’s day, you can easily understand why BRISBANE is RENOWNED as AUSTRALIA’S FASTEST-GROWING CITY, recording an annual population growth rate of 1.8% over the last five years, outpacing both Sydney (1.4%) and Melbourne (1.5%), to 2,505,000 in 2023. Internal migration from more costly locations for a better lifestyle; new births and overseas migration caused Greater Brisbane population to increase by 59,200 people (2.3%), and the rest of the state increased by 49,800 (1.9%).

At Phoenix Law & Associates, we know Brisbane and our local multilingual lawyers understand your Property and Conveyancing needs, with speedy, expert assistance. Over 50% of our clients are repeat clients, they know how easy the process is with us. Phone 1800-GET-HELP (1800 438 435) |e; info@phoenix-law.com.au; see https://www.phoenix-law.com.au/

What separates excellent suburbs to invest in from the rest? There’s no exact formula, but some common factors that indicate that a suburb has the potential for future demand and growth include:

• Easy access to public transport, especially the train line
• Quality school options
• Parklands
• Access to facilities including shopping centres and hospital

QLD’s fastest growing suburbs based on ABS data shows in  first place, RIPLEY; Located southwest of Brisbane, with its 21% growth rocketing its population to around 16,000 people thanks to newly built property developments.) In second place, CHAMBERS FLAT-LOGAN RESERVE in LOGAN, south of the Brisbane metropolitan area has a 19% population increase thanks to property development opportunities; and then PALLARA – WILLAWONG in Brisbane’s south, is now home to around 10,600 people after its population increased by 19%.

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Property Lawyers in Brisbane