How are arrangements for children made after separation?

All families are different. When considering what parenting arrangements should be made after separation, it is important to make sure the arrangements are safe, in your children’s best interests and practical.

There are a number of ways that arrangements are made for children after parents separate. If parents can reach an agreement, they can leave it as an unwritten, informal arrangement. This can work for parents who are easily able to communicate with each other and trust that the other person will follow the agreement.

Parenting arrangements are generally in the form of:

• Unwritten, informal arrangements.
• A written parenting plan.
• A consent order approved by the court with the agreement of both parties.
• A parenting order made by the court (generally made if you can’t reach an agreement).

What can be included in a parenting arrangement?

Parenting arrangements can cover a wide range of issues including, but not limited to:

• Where a child lives.
• Whom the child spends time with.
• How the child will communicate with each parent and other significant people.
• Where the child will attend school or childcare.
• Medical or health issues.
• Religious or cultural practices.
• Who has ‘parental responsibility’ for the child with respect to deciding major long-term issues for your child (for example, their education, name, health, cultural or religious upbringing, living arrangements).
• How parents will communicate with each other.

What is a parenting plan?

A parenting plan is a written agreement between the parents that sets out the care arrangements for their children.

A parenting plan is an informal way of agreeing on parenting arrangements. You should not feel pressured by the other parent to agree to any terms that you are not comfortable with.

Parenting plans do not need to be in a specific form or witnessed. However, they must be signed and dated. It is best to get legal advice prior to making a parenting plan.

An advantage of a parenting plan is that it can be changed at any time, provided both parents agree. This is done by making a new parenting plan which is signed and dated.  For example, you may decide to make a new parenting plan if the needs or routines of your children change.

Unlike a court order, a parenting plan is not legally enforceable, and you cannot force the other parent to follow the parenting plan. If the other parent is not following the parenting plan, it is important to get legal advice about your options.

Some other issues to be aware of before agreeing to a parenting plan:

• If you apply to the court for a parenting order after you have already made a parenting plan, the court does not have to follow the terms of your parenting plan, but it will consider it when deciding what kind of parenting orders to make.
• If you already have a parenting order or a consent order, a parenting plan made after the order will vary the terms of the original order. That is, the terms of the original order will no longer be legally enforceable. The only exception to this is if your original order states that it cannot be varied by a parenting plan or otherwise. If you are considering varying a parenting order or a consent order, you should always get legal advice first.

What is a consent order?

You can make your parenting agreement legally binding by applying to the court for a consent order.

To do this, you need to fill in a court form called an “Application for Consent Order” and attach a copy of your proposed parenting arrangement.

The application and draft orders must be signed, dated and witnessed by an appropriate witness (for example, a Justice of the Peace or a lawyer). You don’t need a lawyer to apply for consent orders, but you should get legal advice to ensure that your consent order is safe, fair and workable before filing it as it will affect your future rights. It is a good idea to have a lawyer review your draft orders as the wording of a consent order needs to be specific enough so it can be enforced by the court if a parent breaches the order.

Once the consent order is filed with the court, the court will consider if the orders you propose are in the children’s best interests. If the court approves the arrangements, it becomes a court order known as a ‘consent order’ (or a ‘parenting order’). A consent order has the same effect as if the parties went to court and a judge made the order.

There is a cost to file a consent order application and you can speak to the court registry to determine the cost prior to filing. You may be eligible for a waiver of the fee, for example, if you hold a concession card.

It is important to get legal advice before entering into consent orders as they can only be changed if both parents agree. This is done by entering further consent orders, a parenting plan or a parenting order.

If parents cannot agree to change a consent order, one parent will have to apply to the court to change the agreement. It can be difficult to get the court to change a consent order unless circumstances have changed significantly since the consent order was made. You should get legal advice if you want to change a consent order before applying to the court.

Is it better for me to enter into a parenting plan or a consent order?

If you have concerns that your ex-partner may not stick to the agreement that you have made, you should consider entering into consent orders rather than a parenting plan. Every circumstance is different and you should get legal advice before signing a consent order.

What if we can’t agree on any parenting arrangements or it is not safe to negotiate with the other parent?

If you can’t agree or it is not safe to negotiate with the other parent, you can apply to the court for a parenting order.

There are certain steps that parents need to take before going to court. These are called the ‘pre-action procedures.’ For example, parties are expected to try and reach an agreement by attending a family dispute resolution, making a written offer to settle your disagreement and notifying the other parent in writing that you intend to apply to a court. You do not have to take these steps if it is not safe for you or your children, but you should get legal advice first.

What is a parenting order?

A parenting order is made by the court. The court will decide the parenting arrangements for your children and your ‘parental responsibilities.’

A parenting order is legally binding and enforceable. There can be serious consequences if a parenting order is not followed.

Do I need legal advice?

It is a good idea to get legal advice so that you are aware of your rights and responsibilities before agreeing to any parenting arrangements. You may need legal advice if:

• You or your children are unsafe or are at risk of harm (for example, there are risks related to family violence or because of drug or alcohol misuse).
• You and the other parent cannot agree about parenting arrangements.
• You are thinking about signing a parenting plan or consent orders.
• You want to ask the court to make a parenting order (or the other parent has already applied to the court).
• You have an existing parenting plan or order that you want to make changes to.
• You have signed a parenting plan or consent order you did not agree with and felt pressured, threatened or intimated to accept.

Deciding how much time a child should spend with each parent, the court considers your circumstances and what would be in your child’s best interests.

When deciding what is in the child’s best interests, the court must consider these six factors.

One factor is not more important than the others.

a. What arrangements would promote the safety of the children and each person who cares for the children.

This factor focuses on keeping children and carers physically and psychologically safe from being subjected to or exposed to family violence, abuse, neglect or other harm.  The court is required to consider any history of family violence, abuse or neglect and any family violence orders.

b. The views of the child.

How much weight is given to the child’s views will depend on the age of the child and their level of maturity as determined by the Court. There is no set age when a child can decide where they will live or how much time they will have with the other parent.

The court doesn’t usually hear directly from children and children don’t usually go into court. Children’s views are mostly made known to the court through a report or an Independent Children’s Lawyer.  A child is never required to express a view if they don’t want to.

c. The developmental, psychological, emotional and cultural needs of the child.

This would include things like:

• the age of the child
• Whether the child has any special medical needs that might impact the child’s physical or emotional growth or their care needs
• The emotional nature of the child, for example, is the child particularly shy or uncomfortable in new situations?)
• The culture of the child’s family and the culture that the child has grown up with.

d. The capacity of each person to provide for the child’s developmental, psychological and emotional and cultural needs.

This would take into account things like:

• Parent’s working arrangements and whether they would be available to care for the child when they are in their care
• Appropriate accommodation
• Appropriate ways to transport the child to any necessary appointments
• Any mental and physical ailments which would impact somebody’s ability to care for the physical and emotional needs of the child
• A parent’s knowledge and previous involvement in managing any complex needs of the child.

e. The benefit to the child of being able to have a relationship with the child’s parents and other people who are significant to the child, where it is safe to do so.

f. Anything else that is relevant to the particular circumstances of the child.

If a child is Aboriginal or Torres Strait Islander, the court must also consider the additional considerations:

1. The child’s right to enjoy their Aboriginal or Torres Strait Islander culture by having the support, opportunity and encouragement necessary;
   a. To connect with and maintain their connection with members of their family and with their community, culture, country and language
   b. To explore the full extent of that culture, consistent with their age and development level and views
   c. To develop a positive appreciation of that culture
2. How the proposed parenting arrangements would impact upon that right.

The law encourages families who are in dispute regarding the arrangements for children or the division of property to come to an agreement where possible.

Family dispute resolution (FDR) is a way of resolving your family law problems, by agreement, without going to court. It can be called ‘FDR’ or ‘mediation’.

In this process, an independent person helps to try to resolve some or all of the family law problems. The independent person is called a ‘family dispute resolution practitioner’ or ‘FDRP’ or ‘mediator’. They are trained in assisting people to resolve disputes. They do not have any legal powers, they do not make any decisions and they do not give legal advice. They simply try to assist people to reach agreement.

FDR can also be used to resolve disputes about:

• Dividing your property;
• Maintenance matters; and
• Child support.

FDR can be used at any time including before, during or after a separation or once court proceedings have commenced.

Before you make an application to a court for parenting orders, you must have attempted to engage in family dispute resolution to resolve your dispute. There are some exceptions, including when it is not safe to do so.

Many different organisations provide low cost or free family dispute resolution including:

• Legal Aid Queensland Ph: 1300 65 11 88
• Relationships Australia Ph: 1300 364 277
• Family Relationships Centre Ph: 1800 050 321
• Dispute Resolution Centre Ph: 1800 017 288

You can contact the family dispute resolution service and they will talk you through their individual process.

Generally, both parties will share the costs of the family dispute resolution. There are some exceptions to this.

Generally, one person contacts the dispute resolution service and the service will invite the other person to attend. If the other person refuses to respond or participate, then the service will let you know. They will also issue you a certificate (called a “section 60I certificate”) which you will need if you want to start court proceedings.

If the other person agrees to participate, the service will speak to each of you about what your individual concerns and goals are and will set a date for a family dispute resolution. You will then both attend the dispute resolution and try to reach an agreement. Whether you reach an agreement or not, the service will provide you with a section 60I certificate which you will need if you want to start court proceedings.

Different services can provide different options to avoid any direct contact between the parties. These include putting you in separate rooms, having you attend separate locations, or doing a conference over the phone so that the dispute resolution practitioner is “shuttling” between the parties.

If you feel intimidated, scared or think that you could feel intimidated during the process, it is important to tell the family dispute resolution practitioner, and tell them about any history of domestic violence between yourself and the other person.

Not all matters are appropriate for family dispute resolution. Your safety is the most important consideration. You do not need to have family dispute resolution if:

• The problem is urgent.
• There has been domestic violence.
• There is a risk of domestic violence.
• There has been child abuse.
• There is a risk that a child could be abused if things are delayed.

You should get legal advice if you think one of the above issues apply to your situation.

If you reach an agreement about parenting arrangements, you can either:

• Keep it informal.
• Write down the agreement (this is called a ‘parenting plan’).
• Make formal parenting orders (this is called ‘parenting orders’ or ‘consent orders’).

See our Children and Parenting fact sheet for more information about the different types of parenting agreements.

In Australia, parents bear the responsibility for financial support for their children. This responsibility is met by parents either having their children live with them or, following separation, by providing financial child support to the parent or other family member with whom the children live. Parents are liable to support their children whether or not the parents are or were married, or in a de facto relationship.* The responsibility for financial support still arises even if the parents were never in a relationship or if one or both parents never intended to have a child.

*A de facto relationship is defined in section 4AA of the Family Law Act 1975. The law requires that you and your former partner had a relationship as a couple living together on a genuine domestic basis. A de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex.

Child support is a payment made by one parent to the other to help with the cost of looking after children. In some situations, it may be paid by one or both parents to another person who is looking after the children. Child support is usually paid until a child turns 18 but there are some situations where it may be stopped early, including if a child becomes self-sufficient; marries; or enters into a de-facto relationship.

Parents can reach agreement about the payment of child support privately, or they can apply to Services Australia (Child Support) for an administrative assessment. To be eligible for a child support assessment you must: meet residence rules, which requires one parent to be living in Australia; and be the legal parent or non-parent carer of the child/ren.

Services Australia (Child Support) (‘CS’) will only issue a child support assessment if you can prove the paying parent is a biological, adoptive or same-sex parent.

Both parents can agree to have child support collected privately, for example, one parent pays child support into the other parent’s bank account. This does not have to be in writing.

Private collection can work well if both parents complete tax returns and where there are no issues of family violence including financial abuse.

If private payments fall behind, stop, or you no longer agree on the amount of child support payable, you should get legal advice as soon as possible.

If you are the parent in receipt of child support, and are experiencing difficulties with the paying parent, you can contact Services Australia (Child Support) (“CS”) and ask them to collect the child support instead. CS can take over collection of future payments and any outstanding payments generally going back 3 months,

Services Australia (Child Support) (‘CS’) is responsible for collecting and enforcing payments of child support.

CS can collect the child support money on your behalf from the other parent.

You will need to directly request that CS collect the money for you. If you do not do this, they will register your case as a “private collection” case and you will be expected to collect the child support monies yourself. However, even if you nominate to privately collect initially, you can always contact CS at a later stage to request their assistance to collect the money.

If the other parent fails to pay child support CS can do a number of things to enforce payment, such as deducting money from the other parent’s wages and intercepting any tax return that may be due to them at the end of the financial year.

If CS is responsible for collecting your child support, they will be responsible for recovering outstanding payments and debts.

If you were collecting child support privately, then you will have to try and recovery any outstanding money from the other parent yourself.

If parents agree, they can make a legally enforceable agreement about the amount, frequency and method of child support payments after separation. If you are not sure how much child support you are entitled to, you can use the amount that Services Australia (Child Support) (“CS”) would assess as a guide. You can get this figure either by ringing CS who will work it out for you, or by using the child support estimator on the CS website. You should get legal advice prior to entering into a private agreement.

If you are receiving payments from Centrelink, you cannot agree to accept less child support than the amount determined by CS.

You must register your agreement with CS if you would like their assistance to collect your child support.

CS encourages people to reach agreement about child support and arrange their own collection. If you do not believe this is possible in your circumstances because you are fearful of your partner or for any other reason, you should advise CS that you would like them to assess and collect your child support.

Types of private child support agreements

1. Binding agreement

A binding agreement must be in writing and signed by both parents, who have had independent legal advice before they sign. It is a long-term agreement which can only be ended by a new agreement or a court order. As both parties will have had independent legal advice prior to entering into a binding agreement, a court order to change a binding agreement may be difficult to obtain. Agreements entered into after 1 July 2018 may be suspended when the parent receiving child support is no longer an eligible carer of the child.

2. Limited agreement

A limited agreement is a less formal agreement between the parents for the payment of child support, and there must already be an assessment in place for the child/ren. Limited agreements are easier to end than a binding agreement and will run for no more than three years, at which time the parents can either enter into a new limited agreement or the case will revert to the child support assessment with CS.

If you apply for a parenting payment you will be required by Centrelink to seek child support from the other parent, unless there are exceptional circumstances, such as domestic violence. If an exceptional circumstance does not apply to your case and you fail to seek child support, then your family tax payments will be reduced. If you find yourself in this situation it is important to obtain legal advice as soon as possible as strict time limits apply. If you do not meet the time limits and there is a lengthy delay, without reasonable explanation, then Centrelink may elect to not back-pay any reduced Centrelink payments.

If you are escaping domestic violence and you are fearful about applying for child support, then you should speak to a social worker at Centrelink about applying for an exemption.

If you apply for a birth certificate and/or child support and the father of your child refuses to admit that he is the parent, there are a number of steps you can take.

If you attempt to register your child’s birth and the other parent refuses to sign the birth registration statement you should still provide all the details to Births, Deaths, and Marriages. The Registrar will then contact the father and confirm whether he admits parentage. If he does, then he can be added to your child’s birth certificate, if not then a record will be kept with the registry for future reference (particularly if a DNA parentage test report or court order is later provided).

You will also need to make an application for child support. Once you apply, Services Australia (Child Support) (“CS”) will review your application. If you and the father were married at the time of conception (or the child was born within 44 to 20 weeks of when the mother and father lived together) then an automatic presumption of parentage will apply, and the father will be assessed to pay child support.

If no presumption applies, CS will contact the father to see whether he admits to being the parent. If the father denies parentage, CS will refuse your child support application. You will then need to seek legal advice so that you can obtain assistance to either seek court orders declaring parentage or undergo a DNA parentage test. If the father refuses to undergo parentage testing the court can draw inferences from that refusal.

If a child or children over 18 can’t support themselves, a court can make an order for parents to continue to provide financial support because they:

• are completing their secondary or tertiary education (e.g. secondary school, TAFE, university, apprenticeship);
• have a mental or physical disability.

This is called adult child maintenance.

If a child turns 18 while completing their final year of secondary school, the parent receiving payments can apply to the Services Australia (Child Support) to extend support until the end of the school year. The application needs to be made before the child turns 18 and can be made by a parent or a child.

The amount of maintenance to be paid will depend on the child’s necessary expenses, each parent’s financial position and their situation. If you find yourself in this position, we recommend that you obtain legal advice.

Parents can make their own agreement or file consent orders in court (where both parents agree to the orders). If an agreement can’t be reached, the court can decide the amount to be paid. A court order for ongoing payments can be registered for collection with Services Australia (Child Support) and can be paid to the parent or the child.

It is possible to get a court order requiring the father to contribute to your out-of-pocket child-bearing expenses, if you are not married to the father.

This is separate to child support and involves a private application to the Federal Circuit and Family Court of Australia. As a mother, you are entitled to financial support (childbirth maintenance) from the child’s father for some living and medical expenses from 2 months before a child is born until 3 months after the birth.

As a mother, you are also entitled to childbirth maintenance if you had to stop working early in the pregnancy due to a medical condition. In this case, the entitlement starts from the day you stop working.

If the child is stillborn or dies during childbirth, then, if you are the mother, you can claim some expenses for the child’s funeral. If the mother dies and the death is a result of the pregnancy or birth the mother’s family can make a claim for some funeral expenses. The application must be filed within 12 months of the birth of your child.

Services Australia (Child Support) (“CS”) uses a formula to work out how much child support you should pay or receive. The formula takes into account:

• The income of each parent and the combined income of both parents;
• The care arrangements for the child/ren being the amount of actual time the child/ren spend with each parent;
• The number of children;
• The child/ren’s age; and
• The costs of raising children (based on Australian research).

The amount of child support to be paid may change depending on how much time the child spends with each parent. CS will take into account any other dependent children when calculating your child support.

Change of assessment

You should tell Services Australia (Child Support) (“CS”) if your circumstances change. The amount of child support payable may be varied to reflect changes to your situation including if the amount of care you provide for your child/ren changes, if you have a child with another partner.

You can also apply to vary your child support assessments in special circumstances.

You can apply for a Change of Assessment in Special Circumstances, which is a review of the decision from CS. You should seek legal advice before applying for a change of assessment.

If you lodge a change of assessment application, you will be required to set out the reasons that you say the assessment should be changed and disclose details of your own financial circumstances. The paying parent will be provided with a copy of your application. Your application will be determined by CS after the paying parent has had an opportunity to reply and you have both been interviewed. The outcome may have an impact on the amount of Centrelink benefit you receive.

Objections to assessment

If you believe a decision by CS in relation to your case is incorrect (including if an application for a change of assessment has been unsuccessful) you can object to that decision in writing. You need to explain the details of the decision you are objecting to and why you think CS’s decision is incorrect. CS will then make a decision about your objection. If you do not agree with the CS’s decision to your objection, you may apply to the Administrative Appeals Tribunal (AAT) – Social Services & Child Support (SSCS) division for a review of the objection decision.

If you don’t agree with the first decision, you may be able to apply to the General Division of the AAT for second review (provided the decision relates to percentage of child’s care) or you may be able to appeal the decision to the Federal Circuit and Family Court of Australia (FCFCoA).

While your objection is being considered, the original decision by CS will apply unless you seek a stay order. If you are appealing a decision, you may need to apply for a stay order (for example, if you can’t afford to keep paying your child support). You should seek legal advice before applying for a stay order.

Federal Circuit and Family Court of Australia appeals

The review mechanism available from a decision of the SSCS division is an appeal to the Federal Circuit and Family Court of Australia on a point of law (not an error about the facts). You should seek legal advice before lodging an appeal. You must file an appeal from a decision of the SSCS division within 28 days of receiving a written statement of reasons for the decision.

Financial abuse is when someone:

• takes away your access to money
• controls your decisions about money
• uses your money without your consent.

Financial abuse is a type of domestic and family violence. It often happens alongside other types of violence, such as physical or emotional abuse. It can make you feel:

• at risk
• isolated
• depressed

It can also take away your independence by making you feel like you have to rely on the person who is being financially abusive. This is one of the most powerful tools that someone can use to keep you trapped in an abusive relationship.

Financial abuse can happen to anyone. Older people are more likely to experience financial abuse. This is because they often rely on other people to help them with financial tasks and decisions.

You can experience financial abuse from anyone. For example, they could be:

• your partner or ex-partner
• a family member or friend
• your carer.

Someone might control the money in your household. For example, they might not let you access your bank accounts.

Someone might make you go into debt. For example, they might:

• force you to spend your money
• pressure you to take out loans
• cause large amounts of debt on bank accounts that you share
• open loans and credit cards in your name
• spend lots of money on your credit card.

Someone might force you to:

• work in your family business without pay
• give them your government benefits – financial support you get from the government
• threaten to report you for cheating or misusing government benefits
• sign financial documents, such as life insurance.

Someone might:

• hide assets – things you own that are worth a lot of money, like property, shares and jewellery
• steal your identity, property or inheritance
• refuse to pay bills and negatively impact your credit rating
• file false insurance claims
• refinance your home or car without your consent – this means changing the type of loan that you have.

Economic abuse is also a type of domestic violence. But economic abuse is broader than financial abuse.

Economic abuse can include when someone:

• limits your access to things such as food, clothing and transport
• interferes with your access to resources to improve your economic status, such as employment or education.

Examples of economic abuse

Someone might:

• interfere with your opportunities to find work or keep a job
• order you not to work or attend job training
• refuse to work or contribute to the family income
• refuse to pay child support
• force you to lie
• make the property settlement process last longer than it needs to

not be honest about assets during the property settlement process.

You can contact a financial counsellor in your area who can support you to leave your partner.

You can also contact the National Debt Helpline.
Call 1800 007 007.

They will connect you with a specialised domestic and family violence financial counsellor.

Who can give you support	Who can apply	What support you can get	When you must apply
Centrelink Crisis Payment	This support is available to people in extreme situations. This includes family and domestic violence and other situations.		You must apply within 7 days of leaving your partner.
Uniting Care – Escaping Violence Payment	You must be: an Australian citizen or resident over 18 years old experiencing violence from your partner experiencing financial stress.	Up to $5000.	You must apply within 12 weeks of: planning to change where you live because of violence changing where you live because of violence staying in your home after your abusive partner has moved out.
Victim’s Assist Queensland		Supports you to recover from certain acts of violence in Queensland.	You must apply within 3 years of experiencing violence.
Red Cross Family & DV Financial Assistance	You must be: on a temporary visa experiencing domestic and family violence experiencing stress.	Up to $5000.
Flexible Assistance Program		Up to $5000 (per adult) to buy certain items for your home.
Home Energy Emergency Assistance Scheme (HEEAS)		Up to $720 for households in Queensland who are finding it difficult to pay for electricity or gas.	Once every 2 years.
Concession Card	You must have a valid: concession card or seniors card.	You can get a discount on: vehicle registration public transport electricity and gas.
Public Dentist	You must: be a Queensland resident meet other criteria.	Public dental support.
Spectacle Scheme	You must: be a Queensland resident meet other criteria.	You can get a free pair of basic prescription glasses.	Once every 2 years.
FairPlay		A $150 voucher for a child’s sport and active recreation: membership or registration or participation fees (with registered providers).	Each child can get one voucher per calendar year.

Your credit report is a record of your credit history. It includes things like:

• your credit rating
• the credit products you have – things that your bank has agreed to lend you the money to buy
• your repayment history.

Credit providers look at your credit history to decide whether to give you credit or lend you money.

Some credit reporting agencies might give you your credit rating for free.

How to access your credit report

You can contact the credit reporting agencies below for your free credit report.

Equifax

Call 138 332

You can also find out more information on their website.

Experian

Call 1300 783 684

You can also find out more information on their website.

illion

Call 132 333

You can also find out more information on their website.

What to do if there is a mistake in your credit report

If you find a mistake in your credit report, you should follow the instructions the credit reporting agency provided with the report. The instructions will tell you how to fix the mistakes. You can report these mistakes to the agency by:

• calling the agency
• using the dispute portal when you get your credit report
• writing a letter or an email to the agency. You should include evidence of the mistakes.

If a debt collector contacts you, you must:

• be honest about your financial situation, including telling them if you have other debts
• reply in a timely way
• agree to a payment plan if you can afford it
• tell them if your contact details change.

If you don’t agree with your debt, you can dispute it.

For example, you can dispute your debt if:

• you haven’t accrued the debt – this means the debt hasn’t built up over a period of time

and

• the debt is because of financial abuse.

You can call a financial counsellor if you need support to dispute a debt.

Financial counsellors are qualified professionals. They can give you information and advice about what to do if you are experiencing financial difficulty. And they can support you to speak with certain people.
It is free to get support from a financial counsellor. Their services are non-judgmental, independent and private.
Financial counsellors are based in community organisations throughout Australia. For example, large charities, smaller community centres and local government agencies.

There are steps you can take to manage your money better. You can learn how to:

• look at your expenses and income
• create a budget
• find opportunities to save money
• understand your credit report
• assess your debt
• save money
• plan to pay tax.

You can find more information and free spreadsheets on the moneysmart website.

Financial Counsellors can:

• Suggest ways to improve your financial
  situation
• See if you are eligible for government assistance
• Negotiate repayment arrangements with your creditors
• Explain your options and their consequences,
  including debt recovery procedures,
  bankruptcy and other alternatives
• Help you apply for a hardship variation
• Help you organise your finances and do a budget
• Refer you to other services, e.g. a gambling helpline, family support, personal counselling, or community legal aid

They can also help with the
following problems:

• Debts that you are struggling to pay
• Threatening letters or harassment by debt collectors
• Debt recovery through the courts
• House eviction, disconnection of gas, electricity, phone etc.
• Uninsured car accidents, taxation debts and unpaid fines

1. Solve initial urgent issues (Disconnection from
electricity/gas, contacting creditors etc.)

• Check if client is receiving all eligible payments from Services Australia (apply for all payments like Parenting Payment, Jobseeker, Family TAX A/B etc.

2. Establish Income and Expenditure on a
weekly/fortnightly basis, explain options and discuss/set up to-do list

• Applying for concessions with utility providers
• Set up Centrepay for better budgeting (all fortnightly payments/Bill Smoothing payments/Hardship payments)
• Help preparing a budget

3. Access to money

• Applying for HEEAS (Home Electricity Emergency Assisting Scheme)
• Assisting with Department of Housing Application or Application for Bond Loan and Rental Grant
• Discuss with client options to get hands on money like Centrelink Advance, hardship payout through Superannuation, NILS loans (no interest loans) up to $5000
• Discuss bank accounts and apply for grants/assistance which is offered from the banks to help people experiencing DV
• Referral to Bright Star, RizeUp, Zephyr, CWA, The Smith Family etc.

4. Debts

• Explaining options regarding hardship, apply for moratorium if client has debts with creditors and utility providers
• Contact Electricity/Gas/Water/Rates/Phone/Internet provider and arrange hardship payments, negotiating waivers
• Contact Bank/Mortgage/Credit Card provider and arrange moratorium or hardship payments, negotiating waivers
• Contacting various Ombudsman organisations if IDR (Internal Dispute Resolution) failed
• Discussing and assisting with options like Debt Agreements and Bankruptcy and applying to the National Hardship Register
• Assisting with SPER debt – Cancellation of Enforcement and Work Development Order
• Assisting with Tax Debts – Application for Release Apply for Equifax credit report to check for fraud applications by perpetrator
• Contacting utility providers and getting electricity connected even with ‘bad’ credit rating

5. Compensation/Victims Compensation

• Application for Victims Assist Queensland
• Applying for ‘Escaping Domestic Violence’ grant

6. Exit Planning

• Complete an Income and Expenditure and develop a “future’ budget to inform woman regarding her finances
• Explain Government payments and Child Support, Child support estimator and eligible Government payments like Parenting Payment, Family Tax, Child Care Subsidy, Rent Assistance, Carers Payment, Disability Payment, Youth Allowance or Carers Allowance, helping to fill out forms and organising supporting documents
• Helping with possible study options, in ‘Skills for Queensland’ to prepare for the exit and earning her own money

FREE help and confidential support about DFV, open all day, every day. Provides information about Aboriginal and Torres Strait Islander support services in your area:

DVConnect on 1800 811 811

1800 RESPECT on 1800 737 732

A lawyer can give you legal information and advice so that you can make an informed decision about your legal options. It is confidential. FREE legal advice about domestic and family violence, parenting, divorce, property and child protection:

Qld Indigenous Family Violence Legal Service on 1800 887 700

Legal Aid Indigenous Hotline on 1300 650 143

Aboriginal and Torres Strait Islander Legal Service (Qld) on 1800 012 255

North Qld Women’s Legal Service on 1800 244 504

First Nations Women’s Legal Services Qld on 1800 082 600

Women’s Legal Service Qld on 1800 957 957

It is important to understand your legal rights in relation to domestic and family violence and family law, and where you can go to get more information and legal advice. The services listed above may be able to help you.

What is domestic and family violence (DFV)?

• Physical violence (slapping, punching, kicking, biting);
• Behaviour that makes you feel scared, hurts or shames you;
• Swearing;
• Name-calling and put-downs;
• Making threats;
• Forcing you to have sex;
• Harassing you by constantly contacting you;
• Tracking your location without your consent;
• Controlling your money;
• Coercive control, being a pattern of behaviour that aims to dominate or control a person.

DFV can involve:

• Husbands and wives;
• Partners;
• Boyfriends and girlfriends;
• Family members such as adult children, parents, aunties
  or uncles.

DFV is not okay, and the law can help to protect you. A domestic violence protection order (DVO) can help to protect you and your children from future acts of domestic violence. It is a court order to stop the person from hurting or scaring you and your children. To get a DVO you can seek help from the police, or you can make a private application at your local magistrates court.

What is a divorce?

A divorce is the process to legally end your marriage.

• You must be separated for more than 12 months before you can apply for a divorce.
• It does not make decisions about your children or property matters.

How do I organise my property after separation?

Property settlement is a process where the court can change the ownership of assets and debts after separation. This can be done by agreement or you can ask the court to decide. It includes land, houses, units, superannuation, cars, and money.

It is not automatic that everything is split 50/50. You have 12 months from the date of your divorce or 2 years from the end of your de facto relationship to apply to the court for a property settlement.

How do I make arrangements for my child after separation?

Family law deals with what happens to the care of children following a separation.

Doing what is in the best interests of children is what is most important, and you should only agree to what is safe and in the best interests of the children if you separate. The law also recognises the importance of children maintaining a connection with their culture.

What do I do if child safety is involved with my family?

Child safety is the state government body that looks after child protection in Queensland.

The aim of child safety is to keep kids safe from neglect and abuse.

The Aboriginal and Torres Strait Islander Family Wellbeing Services in your local area can provide you with confidential and personalised support.

 

Legal Advice: Following a separation, it is important to get legal advice. You should get legal advice before agreeing or signing any documents.

Warning: If you are worried about someone finding out you have visited our website, please read the following safety information.

Quick exit button

This website has a “quick exit” button on each page. If you click this button, or press the “Esc” key, the WLSQ website will close and open to Google.

The button may be helpful if you are worried that you are being monitored and you are concerned that someone is about to find you looking at this site.

Deleting your browsing history

The quick close button will not delete your browser history. This means that if someone checks your browser history, they will be able to see that you have visited this website.

For information on deleting your internet history click here.

Even if you delete your browser history, if someone is monitoring your online activity using spyware or monitoring devices, they will still be able to see that you have visited this website.

Remember: Deleting large parts of your internet history may alert someone monitoring your device or history.

Safety online

To discuss your online safety call DVConnect on 1800 811 811 (24-hour telephone advice line) or 1800 RESPECT on 1800 737 732 (24-hour telephone counselling line).

For more information on your digital safety view our digital safety resource.

People can use technology as a type of domestic and family violence. This is called technology-facilitated abuse or tech abuse.

For example, your partner or ex-partner might use technology to:

• monitor you
• stalk you
• harass or scare you
• pretend to be you or someone else.

Tech abuse might include when someone does any of the following without your consent:

• reads your text messages
• abuses or threatens you via messages or phone calls
• sends you lots of messages or repeatedly calls you
• checks your emails, internet browser history or social media accounts
• changes your passwords
• shares, or threatens to share, intimate images or videos of you.

Tech abuse might also include when someone tracks you. For example, they might:

• download or enable apps or software on your devices so that they can track your location
• follow you to your location and threaten to share it with other people
• check your GPS device to see where you’ve been
• give your child a device which has spyware or surveillance software installed.

Someone might show up where you or your children are. But you’re not expecting them to.

Someone might talk about information that they shouldn’t know. For example, they seem to know:

• where you’ve been
• who you’ve contacted online.

Someone might make changes to your device. For example, they might:

• change the settings
• add software or apps.

Someone might know your passwords. For example, the password for your email or bank account.

You might notice strange things about your device. For example:

• new apps on your device
• that some apps on your device open automatically.

You might also notice that your device:

• turns on and off
• has different settings
• is using a lot of data
• runs out of battery quickly.

You might not be able to log into your accounts, even though you don’t remember changing the password.

There are steps you can follow to protect yourself online.

You should:

• use different passwords and passcodes on all your devices and accounts
• change your passwords often – including your Apple ID or Android password, which someone can use to find your location
• set up security questions or 2-factor authentication for your online accounts.

You should also:

• download and run security software and anti-virus apps
• set your computer to automatically install updates to keep security software up to date
• check the apps on your device and make sure you know what each of them does
• uninstall any apps on your phone that you don’t know.

You should protect your location. For example, you should:

• turn off GPS or location settings on your device
• set your Bluetooth to ‘non-discoverable’.

If you and your partner separate, you might want to consider:

• blocking or deleting their contact
• creating new social media or email accounts and only sharing this information with people you trust.

You should also:

• make your social media profiles private
• delete your web history after using the internet.

You can find more information about deleting your internet history on the Queensland Government website.

Your safety is the most important thing. You should be careful if you do any of these things.

It’s a good idea to keep a record of tech abuse. The police might be able to use this information as evidence for a domestic violence protection order (DVO) or criminal charges.

The police might ask you to give them your device so they can download evidence. If you can’t keep your device, make sure you save the evidence somewhere safe. For example, you could give the evidence to a family member or friend who you trust. They can keep the evidence on their device or at their house.

You might not be able to safely take screenshots of the abuse. For example, because your partner or ex-partner will get a notification if you do. You should ask a friend or family member you trust to take photos or videos of your phone or computer.

A DVO can help protect you if you are experiencing tech abuse from your partner or ex-partner. It can also help protect your children.

A DVO will always include a condition that your partner or ex-partner is ‘not to commit acts of domestic violence and to be of good behaviour.’

You can ask for specific conditions for online abuse. For example, you can ask that you partner or ex-partner not be allowed to contact or try to contact you in any way. In court they would say:

‘The respondent is prohibited from contacting or attempting to contact or asking someone else to contact the aggrieved by any means whatsoever including telephone, text or internet.’

You can also ask that they not be allowed to post pictures or comments about you online. In court they would say:

‘The respondent is prohibited from using the internet (including social networking sites) to communicate with, publish pictures of or make adverse comments concerning the aggrieved.’

You can apply for a DVO:

• by yourself
• with a solicitor – a lawyer who can give you advice about the law and represent you in court.

The police can also sometimes apply for a DVO for you.

Stalking is a criminal offence whether it is online or offline.

If someone is stalking you, report it to police. You should try to give the police records of:

• emails
• text messages
• phone calls
• social media posts.

You can find more information about tech abuse on the Tech Safety website and on the Office of the eSafety Commissioner website.