CQFLPN Date-Claimers

e-Newsletter February 2014

Hi All,

Our first event of 2014 was held on February 18th. 33 people attended an Information Session on the Department of Human Services, their 2014 Family Initiatives, Child Support Services and Digital Service Options.91% of documented feedback on this workshop noted that attendees found the information provided would be helpful in better supporting the children and/or families with whom they work. Feedback from the information session was very positive.

The CQFLPN is playing to hold two more training sessions prior to the end of the financial year in June. For more information on them and other items of interest relevant to the Family Law Sector, please see below.

CQFLPN Date-claimers.

FREE CQFLPN Workshop “From being subpoenaed – to cross examination” April 23rd, Old Supreme Court Chambers, East St: 10 am – 12.30. Presenter: Mr. Tom Polley – Barrister at Law. Please contact Sandy via email or call 4939 4504

FREE CQFLPN Refugee and Immigration Legal Service (RAILS) training session May 22nd, Duhig Centre 147 -149 West St. 10:30am -12:00pm. Topics covered will include:

• Brief review of content addressed previously
• Further legal developments following the initial training
• Discussing issues raised subsequently by attendees of these training sessions

RSVP by email to by 19 May, 2014

Launch of a Qld Family Law Pathways Website.

Queensland Family Law Pathways Networks each now have a page on a Qld FLPN site hosted by Relationships Australia. After general feedback and input from a focus group, this region originally decided not to be involved, however CQFLPN now does have a page. Newsletters, the Service Directory, and the Guide to Online Resources will be available through the site. This region has however decided to also continue with the email out system currently used for training and events, information and e-Newsletters.

The site should be live by March 1st on

Reminder on the impact of domestic and family violence.

Family violence is a significant social problem that affects the health and well-being of many Australians and has far reaching effects on the Australian community as a whole.

Fast Facts

• 2 /3 women who experience violence by a current partner are in paid employment.
• Domestic and family violence in Australia is estimated to cost employers over $484 million per annum
• Women are most at risk of violence from men they know
• Indigenous women are significantly more likely to be victims of violence.

Source:

Have your say on the Qld Plan

The Queensland Plan is a 30-year vision for our great state. The plan will outline our shared vision for the next 30 years and identify local and statewide priorities. The Queensland Plan is being developed through a collaborative process involving community members, business and industry representatives, state and local government officers and Members of Parliament. You have until 7 March 2014 to have your say about the Queensland Plan. Head to to review the working draft and respond to the survey.

New Human Rights Commissioner

The Federal Executive Council recently appointed Mr Tim Wilson as the Australian Human Rights Commissioner. The position was left in abeyance by the former Labor government and has been entirely unoccupied since July 2012. Mr Wilson will discharge all of the functions of Human Rights Commissioner, which is the second most senior position within the Australian Human Rights Commission. Mr Wilson, who has long experience and strong credentials as a human rights advocate, and is a well-known defender of freedom through his extensive media appearances and publications in recent years, will bring both commitment and strength to the role. Mr Wilson’s appointment commenced on Monday 17th February.

Service Information

Partners in Recovery (PIR)

Partners in Recovery (PIR) is available to people:

• with long-term, serious mental health support needs
• with complex issues requiring the involvement from multiple services.
• who might be struggling to get the help they need and would like to make positive changes in their life.

The program provides tailored care and support options for participants. It also aims to identify gaps in the mental health support system that may limit participant recovery to a meaningful and participatory life. To this end, they work with a wide range of government and community services as well as carers and family to develop a recovery action plan for participants. Over the longer term PIR works with the full range of support agencies and groups to fill the gaps in the system through which participants have been falling.The program works with the Recovery Model of mental illness which envisages the possibility of recovery to a meaningful, constructive and participatory for people with mental illness. Contact PIR on 4921 7777

The Tips on Parenting (TOP) program

The Tips on Parenting (TOP) program is designed to assist parents in developing more competent and confident methods of parenting their children. From25th February to 1st April - every Tuesday from 9.30am to 12.00pm (6 weeks) at Anglicare Central Queensland,

Level 1, MMI Building, 14 Fitzroy Street. Please register on 07 4922 8648 FREE

Grow recovery group meeting weekly in Rockhampton

mental health support that extends beyond business hours.

For over 50 years, Grow members have been paving the way for recovery from mental illness by documenting their personal experiences of recovery from mental and emotional problems. Their consensual knowledge has been captured in the literature used by Growers at the weekly group meetings. The meetings provide acceptance, encouragement, friendship, inspiration and mutual support for participants.

Some of the problems Grow has helped people to manage are depression, anxiety, relationship breakdown, isolation, grief, compulsions and diagnosed mental illnesses. People using the program over time describe a more connected, resilient, meaningful and happier life.A Grow groups meets every Thursday at 6.30pm in St Luke’s Hall, Rundle St in Wandall. Other groups may be formed where there is sufficient interest.

Please ring 0408 577 403 for any further information. Carers and service providers are welcome to attend a meeting as a community visitor

News

Disturbing trend across Capricornia for domestic violence: By Christine Mckee:

Daily Mercury:3rd February Extracts.

DOMESTIC violence rates and breaches of orders are surging across the region, causing police to look for new ways to address the disturbing trend. In 2008/09 there were 710 breaches of domestic violence protection orders in the Central region.

That figure rose to 1178 breaches, or more than three a day, in 2012/13. Acting Superintendent for the Capricornia district, Virginia Nelson said police were trying to examine the trends and triggers for domestic violence as the figure was expected to rise again this year. "We're looking at the reasons for it... we understand the factors that cause it, now we're looking at new ways to respond and prevent domestic violence," she said.

Capricornia's domestic violence liaison officer Sgt Jo Griffiths said alcohol was involved in around 80% of cases, especially serious cases involving assault. "Domestic violence is notoriously difficult to police, as most offences happen in the home, behind closed doors," she said. "Proving those offences is difficult... and determining the difference between one-off incidents, and ongoing violence. "A lot of women don't want to make complaints. They want it to stop, but they don't want their partners to go to prison."

For confidential help and support call the National Sexual Assault, Family and Domestic Violence Counselling line on 1800 737 732If there is immediate danger, call 000.To read the original source article please click on Daily Mercury.

Demand falls as lawyers advise first wives against prenups: Brisbane Times: CosimaMarriner: February 9.

Women embarking on a first marriage and planning to have children should not enter into a prenuptial agreement because it is likely to financially disadvantage them later, family law experts warn. Family lawyers report demand for prenuptial agreements has plateaued in the past 18 months, and is now declining slightly, as more firms refuse to draw them up because of the risk they will be overturned by the Family Court. Other family law specialists now charge up to $10,000 for a standard agreement to guard against the risk of a negligence claim if a prenup is successfully challenged. International Society of Family Law president Patrick Parkinson said it would be "quite unwise" for women of child-bearing age without an independent fortune to enter into a prenup. To read the complete article please click on Brisbane Times

Luke Batty's murder sends 'ripple of terror' through domestic violence victims: Mex Cooper: The Age:February14th

The cold-blooded murder of Luke Batty will send ripples of fear through the community and should be a turning point in the battle against family violence, experts say.University of Melbourne social work professor Cathy Humphreys said the 11-year-old's killing in the small town of Tyabb on the Mornington Peninsula at the hands of his father on Wednesday night had brought the often hidden world of family violence into the public spotlight.

"In all sorts of ways a death like this reverberates throughout the whole community, especially for women with experience of family violence and experience of threats to kill or harm her or her children," she said."There will be a ripple effect of terror through women and children close to these issues."Professor Humphreys said the community outcry following Luke's death and expressions of support for those mourning him were important steps in healing and confronting the reality of family violence."I think having community outcry and reaction and to name it for what it is – the murder of a child – is important," she said.

Luke Batty was killed by his father. Professor Humphreys said often excuses relating to custody access were wrongly made for violent fathers.She said Luke's mother seemed to have been striving to find a balance between allowing her son to see his father and ensuring the boy's safety, a predicament many women faced. To read the complete original article, please click on The Age.

Relationship counselling is welfare, and it works: Jenna Price: Sydney MorningHerald. January 28

I stand before you as a beneficiary of welfare. Make your own judgments. I know you will anyway. In 1985, when our eldest child was about six months old, we went to marriage guidance counselling. It was recommended by my GP who, I think, could no longer bear me sobbing in her office every other week. We were broke - we'd bought a house not long before having our darling girl; both still in entry level jobs. I had zero family support and went back to work when our baby was five weeks old. (In case you want to know, she appears to be neither an axe murderer nor any other kind of sociopath although she does like kittens, a serious personal failing.)

The GP insisted we go and we ended up being counselled by a saint of a woman called Nora Huppert who worked for a counselling service that received government funding. Nora died in 2012, lauded by the many people she helped. The organisation took one look at our finances and said we could get counselling for free. Here we are 28 years later and we've now produced three little taxpayers. To read the complete article please click on Sydney Morning Herald

Court Decisions of Interest

Full Court (Appeals Judgments)

Child Support Registrar & Crabbe and Anor [2014] FamCAFC 10 – 06/02/2014 - View PDF

FAMILY LAW – APPEAL – CHILD SUPPORT – Where the Child Support Registrar sought leave to appeal, and if leave granted, to appeal orders of a Federal Magistrate upholding an appeal by the respondent to this appeal against a decision of the Social Security Appeals Tribunal (SSAT) which increased the respondent’s child support liability – Where appeals from the SSAT are confined to questions of law – Where the Child Support Registrar argues that the Federal Magistrate erred in his interpretation of s 103X(3)(b) of the Child Support (Registration and Collection) Act 1988 (Cth) – Where the Child Support Registrar argues that the Federal Magistrate’s interpretation of s 103X(3)(b) allowed a review of the adequacy of the SSAT’s reasons and therefore transgressed “the dichotomy between an appeal on a question of law and an assessment of the merits of the case” – Where the Full Court found that the Federal Magistrate had so erred – Where the Full Court also sets out the statutory process governing appeals from the SSAT – Leave granted because the matters raised on appeal are of considerable general importance – Appeal allowed – No order for costs.

Lyons & Adder [2014] FamCAFC 6 – 31/01/2014 - View PDF

FAMILY LAW – APPEAL FROM DECISION OF FEDERAL MAGISTRATE – CHILDREN – Where parenting orders were made placing the children predominantly in the care of the father – Where one child had special needs – Where the mother had previously placed the children in the father’s care – Where there had been a change in the mother’s circumstances since the children were placed in the father’s care – Where the father was found to have a greater capacity to parent the children – Where the decision was open on the evidence – Where the reasoning process was revealed by the reasons for judgment – No miscarriage of discretion – Appeal dismissed.

FAMILY LAW – APPEAL FROM DECISION OF FEDERAL MAGISTRATE – COSTS– Where the mother applied to have the appeal reinstated – Where it could not be said that the outcome of the appeal was a foregone conclusion – No order as to the costs of the appeal – Mother to pay father’s costs of application to reinstate appeal.

Federal Magistrates Court of Australia

Roberts & Waters [2014] FamCA 34 – 31/01/2014 - View PDF

FAMILY LAW – CHILDREN – Best interests of the child – Where it is agreed the child continue to live with the mother – The parties’ level of communication and cooperation – Where the parties agree to the mother having sole parental responsibility for the child – Where the father has a criminal history involving violent behaviour – What time the child should spend with the father, if any – Whether the father poses an unacceptable risk of harm to the child – Where the parties’ residences are not geographically proximate creating practical difficulties and expense if the father spends time with the child

Faulconer Blan & Blan [2014] FamCA 32 – 20/01/2014 - View PDF

FAMILY LAW – CHILDREN – Interim Parenting Orders – Review of Orders made by Senior Registrar – Where father spent supervised time with children – Where father allegedly possessed pornographic and child abuse material – Where mother raised concerns that time spent with the father put the children at risk of psychological harm – Where mother sought order for the father to have no face to face time with children

FAMILY LAW – BEST INTERESTS OF THE CHILD – Section 60CC– Fostering father’s relationship with children while protecting them from psychological and sexual harm – Where children are of different ages and at different developmental stages – Effect of changes in parenting arrangements on children if order made for no face to face time – Whether reduction in telephone and Skype contact is in children’s best interests – Order for supervised face to face time to continue

Wodsworth & Walberry and Anor [2014] FamCA 28 – 24/01/2014 - View PDF

FAMILY LAW – CHILDREN – Best interests – with whom the children shall spend time and communicate – application by paternal grandmother – children to spend appropriate time and communicate with the paternal grandmother so as to maintain a relationship – parents are in a continuing relationship – parents estranged from the paternal grandmother – issues of drug and alcohol misuse and family violence in the parents’ home – the Department and both the maternal and paternal grandparents had needed to intervene to protect the children from harm in the past – hearing proceeded undefended as the parents did not attend

Simon & Britton and Ors [2014] FamCA 27 – 23/01/2014 - View PDF

FAMILY LAW – CHILDREN – Psychological grandmother’s application for fresh parenting orders – mother supports the grandmother’s application and seeks to spend time with the child – Rice v Asplund – Director-General’s application that there is insufficient change in circumstance and no factor weighty enough to warrant further inquiry – child has been with foster carers for the past five years – child has new health and behavioural problems – child now being placed with a new foster family – allegations of inappropriate conduct made about the current foster parents and another child in their care was removed – it may be beneficial for the child to have continuity in relationships with her mother and psychological grandmother given the instability in the foster homes – finding that there are material factors that were not apparent at the final hearing that warrant further inquiry