Best Interest of The Child
This is the basis on which each case which comes before it about children, the Family Court must make decisions to be reflected in orders. The best interests of the child considers what will be best for the nurturing and future development and well-being of the child and not necessarily the wishes of the parents. All circumstances affecting the child are taken into account.
Certificate of Exemption (Children)
A certificate which exempts a child from attending at school.
Child
For most purposes a person under the age of 18 years, however at criminal law a person is dealt with as an adult once they reach 17 years.
Child Abuse
An assault, directly or indirectly, where there is unequal power in the relationship between the child and the first person, causing the child to suffer serious physical or psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence, sexual activity, torment and ridicule or serious neglect of the child.
Child Agreements
An agreement about the arrangements for children made before June 1996. See also Parenting Plans and Consent Orders. From 1 July 2006 parties can reach an agreement by entering into parenting plans or consent orders.
Child Maintenance
This is financial support payable by a parent for a child who does not usually live with that person. The more current terminology is Child Support.
Child of the Marriage
Children of the husband and the wife, includes adoptive children, children born before the marriage, children born as a result of artificial conception procedures. For divorce only, it extends to include any child who is treated as a child of the family.
Child Protection Order
An order made by the Children's Court when it is believed that a child is in need of protection.
Child Support
Money that one parent pays to the other parent to assist in providing for the needs of the children. Sometimes referred to as Child Maintenance.
Child Support Agency (CSA)
Is part of the Australian Taxation office. The CSA is responsible for: administering the Child Support Scheme, the collection of child support and child maintenance, the enforcement of payments and working out how much child support is payable.
Child Support Formula
This formula is set out in the Child Support Assessment Act 1989 and is used to work out the amount of child support payable. There are different formulae which may apply depending on the circumstances of the particular case.
Child Support Income Amount
The amount which forms the basis for an assessment of child support based on gross income of the parents and the number of dependents.
Child Support Scheme
Refers to the legislation which covers child maintenance and child support cases. It was introduced in two stages. It is administered by the Child Support Agency and other agencies play a fundamental role in the operation of the Child Support Scheme - eg. Centrelink and the Commonwealth Attorney-General's Department.
Child's Views
The opinion of a child in relation to their living environment. The Court must consider the views of the child if known, however the weight given to them by the court will depend on a number of factors including the age of the child. The views of an older child will be given more weight.
Children's Commissioner
A government official who handles complaints about the Department of Families, Youth & Community Care in relation to children in care and protection and hears appeals from decisions of the Department.
Children's Court
The Court which deals with juvenile crime and Child Protection Orders.
Children's Court Judge
A judge appointed to deal with Children's Court matters.
Children's Court Magistrate
A magistrate appointed to deal with Children's Court matters.
CSA (Child Support Agency)
Is part of the Australian Taxation office. The CSA is responsible for: administering the Child Support Scheme, the collection of child support and child maintenance, the enforcement of payments and working out how much child support is payable.
Department of Child Safety
The government department responsible for administering law in relation to child protection and state welfare.
Independent Children's Lawyer
A lawyer appointed by the court to represent a child's interests in a case.
