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When both parents agree, changing a child’s name is a simple matter of registering an application with the proper agency. However, when parents do not agree about changing a child’s name, a court order may be required. It is presumed that parents have equal shared parental responsibility for a child.

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Changing Final Parenting Orders and the rule in Rice v Asplund (1979) Final Parenting Orders are Orders that outline the arrangements for a child or children on a final basis. These Orders can be made by the Court after a hearing or by consent if the parties can agree on terms. But what happens if Orders made on a final basis are no longer appropriate? This was the issue that the Court was required to examined in the matter of Rice v Asplund (1979).

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In comparison to many legal jurisdictions around the world, Australia has a relatively simply process for getting divorced. For most applications, you will not even need to appear in person for the divorce to be granted.

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For many years’ parents have fought to have custody of their child after separation or divorce. As the law has evolved, the term “custody” fell out of use as it had connotations of ownership of the child. The law as it stands now gives the child the right to “spend time” with each of its parents and significant other family members. If parents can’t agree on how much time the child can spend with each of them, they may ask the court to make a determination for them. When the court makes a decision about parenting matters, it must satisfy itself of a number of factors which are set out in the Family Law Act 1975 (the Act).

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You may be asking the question……How to Apply for a Parenting Order after I have separated? You may also be asking ……. What Happens with the Children When you Separate? Once you reach that dreaded decision to separate it is in the best interests of the child or children of the relationship to have a meaningful relationship with both of their parents.

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A Power of Attorney is a legal document which gives authority to another person (known as the attorney) to make certain financial decisions and sign certain documents on behalf of the donor. Powers of attorney can grant extremely wide and discretionary powers to the attorney. There are certain drafting and execution requirements for an Enduring Power of Attorney to be valid.

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If you do have a matter that ends up in the Federal Circuit Court or Family Court, you will have to specify the Orders you would like the Court to make before you get there. You cannot simply go to Court and ask the Court to “fix” things for you. You have to tell the Court what it is that you want it to do and the orders you want it to make.