Katherine Siotos
Katherine Siotos
Solicitor
Katherine completed her Juris Doctor degree at Deakin University in 2020 and has worked as a paralegal in Family Law for 5 years before being admitted as an Australian Lawyer and Officer of the Supreme Court of Victoria and the High Court of Australia in 2021.
Katherine is highly dedicated and passionate about Family Law. She possesses sound knowledge in all areas of Family Law, including Property, Parenting and Divorce. Katherine brings a significant level of devotion towards providing professional legal services and is driven by obtaining outstanding results for her clients.
She ensures specialised solutions are provided to manage cases and delivers practical outcomes that are achieved in her clients’ best interests.
Katherine is a member of the Law Institute of Victoria.
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
STEPHANIE HOPE
Senior Associate
KATHERINE SIOTOS
Solicitor
Hayder Shkara
Director
Related Articles & Cases
- ChildrenInternational Family Law
- 17 Jan 2024
- and Hayder Shkara
Australia participates in several international agreements and conventions to handle international child support cases.
These agreements ensure that children’s financial needs are met, regardless of their parents’ location.
Australia’s involvement in the 1973 Hague Convention and bilateral agreements with countries like New Zealand and the United States highlights its global commitment to child support obligations.
🔑 Key Takeaway: Australia is dedicated to fulfilling maintenance obligations across borders.
How the Process Works
Understanding how the process works in international child support is crucial for parents residing in different countries.
This section delves into the roles and responsibilities of Services Australia, the governing legal framework, and the mechanisms in place to ensure compliance with child support obligations across borders.
It highlights the streamlined procedures and cooperative efforts that facilitate the efficient management and enforcement of international child support, ensuring that children’s financial needs are met regardless of their parents’ locations.
- Role of Services Australia: Services Australia is crucial in managing child support cases where parents live across international borders, particularly in reciprocating jurisdictions. They serve as a central authority, coordinating with foreign agencies to handle such cases.
- Assessment, Collection, and Enforcement: Their responsibilities include assessing the amount of child support needed, collecting payments from the overseas parent, and enforcing these obligations. This is done in compliance with both Australian laws and the legal frameworks of the involved foreign jurisdictions.
- Governing Legislation: The legal basis for these actions comes from the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988. These Acts provide the framework for the administrative process of handling international child support.
- Streamlined Approach: The transition to this administrative system from the previous court-based processes has simplified and expedited the management of international child support cases, making it more efficient.
- Enforcing International Obligations: This streamlined approach enhances Australia’s ability to meet its international obligations regarding child support, ensuring that children’s financial needs are adequately addressed.
- Preventing Evasion of Responsibilities: By establishing a robust system, Australia aims to prevent parents from escaping their child support duties by moving abroad. This ensures that children receive the necessary financial support, regardless of where their parents reside.
🔑 Key Takeaway: Services Australia efficiently manages cross-border child support in reciprocating jurisdictions.
Also read: What Happens If One Parent Takes a Child Out of Country
Reciprocating Jurisdictions and Child Support
About 80 countries are recognised as reciprocating jurisdictions with Australia for child support.
This status facilitates the enforcement of child support obligations internationally. However, some jurisdictions have limitations, requiring different approaches, like court orders, for enforcement.
🔑 Key Takeaway: A global network of reciprocating jurisdictions aids in enforcing child support, with some exceptions.
Case Example: Germany as a Reciprocating Jurisdiction
The arrangement between Australia and Germany is a prime example of successful international cooperation in child support.
In cases where one parent resides with the child in Germany while the other parent lives in Australia, Services Australia actively collaborates with German child support agencies.
This collaboration ensures that child support obligations are recognised and enforced across both countries.
By working together, these agencies can effectively manage and enforce child support payments, demonstrating the benefits of international cooperation in ensuring children’s welfare and financial support, regardless of the geographical divide between parents.
🔑 Key Takeaway: Examples like the Australia-Germany arrangement demonstrate the success of international child support agreements.
Also read: What Happens If One Parent Takes a Child Out of Country
Seek Legal Advice
The complexities of international child support agreements underscore the importance of sound legal advice.
Professional legal guidance becomes invaluable because of the intricate interplay of various international laws, bilateral agreements, and specific Australian legislative requirements.
Legal experts can clarify, ensure compliance with all relevant legal standards, and advocate for your interests and rights in these cross-border scenarios.
Whether you seek to establish, modify, or enforce an international child support agreement, consulting with a legal professional is a critical step toward safeguarding your children’s interests.
- Custody
- 18 Dec 2023
- and Hayder Shkara
In Australia, taking a child on a holiday without the father’s consent is a complex legal matter, especially for separated or divorced parents. Understanding the legal framework of divorce is crucial to avoid potential legal repercussions.
Legal Considerations and Consent
Under Australian law, both parents typically have equal parental responsibility. Taking a child abroad without the other parent’s consent can have legal complications.
If a parent plans to travel overseas with their child, they must either obtain consent from the other parent or seek a court order in the absence of consent.
This is particularly important in cases with existing custody arrangements or court orders in place.
🔑 Key Takeaway: Always seek the other parent’s consent or a court order before taking a child on holiday abroad to avoid legal issues.
Court Orders and Travel Restrictions
If a parent fears their child may be taken overseas without consent, they can request the court place the child’s name on an airport watch list maintained by the Australian Federal Police.
This measure prevents the child from leaving the country without proper authorisation.
🔑 Key Takeaway: Utilise court orders and the AFP watch list as preventive measures against unauthorised overseas travel of a child.
Also read: What Happens if a Parent Breaks Custody Agreement?
Passport Issues
Obtaining a passport for a child also requires the consent of both parents. If one parent refuses to consent, the other parent may need to seek a court order to have the passport issued.
This process can be time-consuming and requires detailed justification of the travel plans to the court.
🔑 Key Takeaway: If obtaining a child’s passport without the other parent’s consent, prepare for potential delays and legal processes.
Balancing Interests
While overseas travel can be enriching for children, it’s essential to balance this with the safety and well-being of the child and the rights of the other parent.
Effective communication and early planning are key to navigating these situations.
If disagreements arise, legal intervention may be necessary to ensure the child’s best interests are upheld.
🔑 Key Takeaway: Effective communication and early planning are crucial in balancing the child’s travel opportunities with the rights and concerns of both parents.
How We Can Help
Recently, we assisted a client, a mother, who sought our advice on taking her child on holiday without the father’s consent.
Under Australian law, this is a sensitive issue, requiring careful legal navigation. Our client was unaware of the potential legal implications of international travel with her child without the father’s approval.
We first explained to her the importance of obtaining either the father’s consent or a court order.
We guided her through seeking consent and the potential need for a court order in case consent was not given.
Our team also discussed the implications of the Australian Federal Police Watch List, a measure to prevent children from being taken overseas without proper authorisation.
We assisted her in understanding the legal requirements for obtaining a child’s passport in such situations.
Our approach was to ensure she had a comprehensive understanding of her legal obligations and the potential consequences of non-compliance.
We aimed to help her make informed decisions, balancing her holiday plans with the child’s father’s legal rights and the child’s best interests.
Assistance of Legal Counsel Is Paramount
Taking a child on holiday without the father’s consent involves navigating a complex legal landscape.
Seeking professional legal advice in such situations is crucial, as it helps in understanding the nuances of consent, court orders, and the importance of effective communication.
Legal experts can guide the specific requirements and processes under Australian law, ensuring that all actions are compliant and in the best interests of the child.
Understanding and respecting these legal requirements, with the assistance of legal counsel, can help ensure a smooth and conflict-free holiday experience for both the child and the parents.
- Custody
- 21 Apr 2023
- Hayder Shkara
Going through a child custody case can be a stressful and emotionally draining experience for parents.
Sometimes, after initiating legal proceedings for child custody, a parent may wish to withdraw the case.
It is possible to withdraw a child custody case, but the process and implications may vary depending on the circumstances.
In this article, we will explore the laws and requirements for withdrawing a child custody case.
Reasons for Withdrawing Child Custody Case
There are many reasons why parents may choose to withdraw from a child custody battle.
Here are some common reasons:
- Emotional toll: Child custody battles can be emotionally exhausting and draining for both parents. Some parents may choose to withdraw from the battle because they do not want to go through the emotional pain and stress associated with it.
- Financial burden: Legal fees and court costs associated with a child custody battle can be significant. Some parents opt to withdraw because they cannot afford to continue with the process.
- Lack of evidence: In some cases, one parent may not have enough evidence to support their case for custody. They may choose to withdraw because they do not want to continue with the battle knowing they have little chance of winning.
- Settlement agreement: Sometimes, parents can agree outside of court through mediation or negotiation. If both parties are satisfied with the agreement, they may choose to withdraw from the custody battle.
- Priorities: Parents may also choose to withdraw from a child custody battle because they have other priorities that they need to focus on, such as work, family, or personal issues.
Also read: Examples, Law, and Legislation for Custody Cases in Australia
The Process of Withdrawing a Child Custody Case
If a parent wishes to withdraw a child custody case, they must file a Notice of Discontinuance with the court.
The Notice of Discontinuance is a legal document that formally notifies the court and the other party that the case is no longer proceeding.
The Notice must be served on the other party and filed with the court.
Once the Notice of Discontinuance has been filed, the court will close the case, and any court orders made in relation to the case will cease to have an effect.
Implications of Withdrawing a Child Custody Case
Withdrawing a child custody case can have significant implications for both parties and the child.
If there is a pending application on foot from the other party, it could mean that the court will make all of the orders that are sought by the other side.
This can have a negative impact on future custody arrangements and may affect the outcome of any future child custody cases.
Also read: 5 Important Child Custody Provisions You Might Overlook
Considerations Before Withdrawing a Child Custody Case
Before deciding to withdraw a child custody case, it is important to consider the implications carefully.
It is advisable to seek child custody lawyer advice to ensure that you fully understand the potential consequences of withdrawing the case.
It may also be helpful to try to resolve any issues or disputes through mediation or negotiation before resorting to legal proceedings.
If a parent has concerns about the safety or welfare of their child, withdrawing the case may not be in the best interests of the child.
Withdrawing simply means that the court will not hear your side of things, so it means that you may end up with court orders that you are not happy with.
Can you withdraw child custody case? It is possible to withdraw a child custody case by filing a Notice of Discontinuance with the court.
However, withdrawing a child custody case can have significant implications for both parties and the child, and it is important to consider the implications carefully before making the decision to withdraw.
- Custody
- 24 Apr 2023
- Hayder Shkara
Child custody swaps can be a challenging and emotional process for both parents and children.
However, with the right approach, it is possible to make custody exchanges successful and stress-free.
In this article, we will provide six tips for a successful child custody exchange that can help to promote the child’s best interests and reduce conflict and stress for everyone involved.
Whether you are just starting out with a custody agreement or are looking to improve an existing arrangement, these tips can help to ensure a positive and successful child custody swap.
What Is a Child Custody Swap?
Child custody swaps, also known as parenting exchanges or handovers, occur when separated or divorced parents trade the care of their children.
These swaps are a crucial part of shared custody arrangements, allowing parents to divide the responsibility of caring for their children.
The Family Law Act 1975 governs child custody arrangements in Australia.
Following the Act, the primary consideration in all decisions regarding the welfare of a child is the child’s best interests.
This implies that parents must prioritise the well-being of their children over their personal interests when making parenting arrangements.
Also read: Child Custody Below 7 Years Old: Quick Read Guide
How Frequently Should Exchanges Occur?
The frequency of child custody exchanges can vary based on the family’s specific circumstances and the custody arrangement in place.
There is no set recommendation for the frequency of exchanges in Australia.
Typically, the custody agreement will outline a schedule for exchanges that are tailored to the family’s specific requirements.
For instance, some families may choose a 50/50 shared custody arrangement with exchanges every other week, whereas others may opt for a more flexible arrangement with exchanges as needed.
The best interests of the child should ultimately determine how frequently custody changes occur.
This may include considering the child’s age, relationship with each parent, and any special requirements or circumstances that may require more frequent exchanges.
Parents need to work together to determine a custody arrangement that works for everyone involved and be adaptable and willing to make adjustments as necessary, seeking the advice of experienced child custody lawyers can help navigate this complex process.
Guidelines for a Successful Child Custody Exchange
Child custody exchanges can be difficult, especially if the parents do not get along. However, parents can take measures to make the separation as amicable and stress-free as possible. Here are some tips:
- Establish clear communication channels: Even if the parents are not on good terms, it is essential to establish clear communication channels when it comes to child custody exchanges. This may entail establishing a specific time and method of communication for discussing exchange details, such as via email or a specialised application. Keeping communication focused on the practical aspects of the trade can aid in avoiding unwarranted conflict.
- Stick to the custody agreement: Parents should, to the greatest extent possible, adhere to the terms of their custody agreement or parenting order when it comes to child exchanges. This can help prevent disagreements and give the child a sense of stability and predictability.
- Be flexible: Although adhering to the custody agreement is essential, there may be times when flexibility is required. For instance, if one parent has a work obligation that conflicts with the exchange time, adjustments may need to be made. Being willing to make reasonable accommodations can help maintain a cordial environment and alleviate tension.
- Use a neutral location: If possible, it’s better to exchange in a neutral location. This could be a public place, such as a park or library, or a location equidistant from the residences of both parents. Using a neutral location can help reduce the risk of conflict and keep the focus on the child’s welfare.
- Involve a third party: In certain situations, it may be beneficial to involve a neutral third party in the exchange process. This could be a mutual friend or family member, or a neutral third party like a mediator or parenting coordinator. A third party can help keep communication on track and provide both parents with a sense of accountability.
- Safety is paramount: The safety of the child should always be the paramount concern during custody exchanges. If there are any safety concerns regarding the handoff location or the other parent, steps should be taken to secure the child. This could entail arranging for a neutral third party to be present during the handoff or selecting a separate location for the exchange.
Healthy Child Custody Swap and Its Effects on the Child’s Best Interests
A healthy custody exchange can benefit a child in multiple ways. Here are a few ways in which a healthy custody exchange can benefit the child’s best interests:
- Establish clear lines of communication: When parents can cooperate in a positive manner, they set a good example for their child and can help instil a sense of trust and security.
- Supports the maintenance of strong relationships with both parents: A healthy custody exchange can help ensure that the child has regular contact with both parents, which is necessary for maintaining strong relationships. This can contribute to the child’s sense of security and well-being, as well as provide vital opportunities for the child to learn and develop differently with each parent.
- Supports the emotional and developmental needs of the child: A healthy custody exchange can be tailored to the emotional and developmental needs of the child. For instance, if the child has a strong attachment to one parent, the exchange schedule can be modified to allow for more time with that parent. In addition, parents can collaborate to ensure that the child’s requirements regarding activities, routines, and other aspects of daily life are met.
- Reduces conflict and stress: When custody swaps are handled in a healthy, cooperative way, it can help to reduce conflict and stress for both the parents and the child. This can be particularly important for children, who may be more sensitive to conflict and stress than adults.
In conclusion, a healthy custody exchange can provide numerous benefits for the child, such as promoting stability, fostering strong relationships with both parents, encouraging cooperation, meeting the child’s emotional and developmental requirements, and reducing conflict and stress.
By prioritising the child’s best interests and cooperating constructively, parents can ensure that their child’s needs are met.
- ChildrenCustody
- 18 Apr 2024
- and Hayder Shkara
Relinquishing Parental Rights Australia
In Australia, relinquishing parental rights holds significant legal and emotional implications for both the parents and the child involved.
This complex legal process is often misunderstood, leading to confusion about its consequences and the circumstances under which it may occur.
Through a comprehensive exploration of this subject, including key legal principles and procedural insights, this article aims to demystify the process and provide clarity to those considering this severe step.
What Does Relinquishing Parental Rights Entail?
Relinquishing parental rights Australia refers to a legal process where a parent voluntarily gives up their rights, responsibilities, and legal claims over a child.
This includes the loss of child custody, decision-making powers, and financial obligations related to the child’s upbringing. In Australia, such a decision is not taken lightly by the courts and requires substantial justification to ensure the child’s best interests are prioritised.
🔑 Key Takeaway: Relinquishing parental rights involves a significant legal shift in the parent-child relationship, focusing primarily on the child’s welfare.
Legal Grounds and Process
The legal framework in Australia stipulates specific grounds under which a parent may relinquish their rights. These usually involve situations where it is deemed to be in the best interest of the child, such as adoption, incapacity of the parent, or severe cases of neglect or abuse.
The process requires a formal application to the court, which will then assess the case, considering the child’s welfare as the paramount concern.
🔑 Key Takeaway: The legal process is rigorous, requiring clear justification and prioritising the child’s best interests above all.
The Impact on the Child and Family: Key Points
- Profound Implications: The decision to relinquish parental rights significantly affects not just the parent but also the child and other family members.
- Legal Ties: The child’s legal relationship with the parent is severed, which can affect their life.
- Sense of Identity: The child may face challenges to their sense of identity stemming from losing a legal and emotional connection to the parent.
- Emotional Well-being: The child’s emotional well-being could be compromised, requiring professional support to navigate the feelings of loss and abandonment.
- Financial Security: The decision impacts the child’s financial security, potentially removing a source of financial support.
- Family Dynamics: Family dynamics and relationships may be altered, affecting the child’s social and emotional environment.
- Need for Support: The complex emotional and psychological effects on the family and the child often necessitate professional support and counseling.
🔑 Key Takeaway: The decision to relinquish parental rights profoundly impacts the child’s and family’s emotional and psychological well-being, highlighting the need for careful consideration and support.
Alternatives and Support Systems
Before taking such a definitive step, it is crucial to explore all possible alternatives and support systems. This might include family counselling, mediation, or other intervention services to address the underlying issues.
In some cases, temporary guardianship or fostering arrangements may offer a solution that preserves the parental relationship while ensuring the child’s needs are met.
🔑 Key Takeaway: Consider all possible alternatives and support systems to find the best outcome for the child and the family.
Seek Comprehensive Legal Advice
Relinquishing parental rights in Australia is a grave decision, enveloped in complex legal procedures and profound emotional implications. Individuals considering this path must seek comprehensive legal advice, understand the potential impact on all parties involved, and explore all available options to support the child’s best interests.
Ultimately, the child’s welfare remains paramount in these situations, guiding the legal framework and decision-making process.
🔑 Key Takeaway: The decision to relinquish parental rights should never be taken lightly, requiring thorough exploration of legal and emotional considerations to uphold the child’s best interests.
- Consent Order
- 28 Sep 2023
- Hayder Shkara
Before we get into the nitty-gritty, let’s discuss why seeing a consent order example is crucial.
Imagine you’re trying to assemble a puzzle but don’t have the picture on the box to guide you. It’d be a tad tricky.
Similarly, a consent order example is a guiding picture when navigating the complex world of family law.
It provides a clear framework, ensuring that all parties understand the terms and conditions, and can help prevent potential misunderstandings or disputes.
It’s like having a roadmap in a territory that can sometimes feel like uncharted waters.
Let’s delve deeper into the content of each type of order. Remember, these are just hypothetical consent order example and might not cover all the nuances of real-life situations.
Examples of Parenting Order: Consent Order Example
Residence Order: This specifies where the child will live. For instance, the child might live with one parent during weekdays and the other on weekends.
“The child, will live with the mum and spend time with the dad every second weekend from Friday 4pm until Monday 9am.“
Contact Order: This outlines when and how a non-residential parent will contact the child. It can detail things like weekend visits, holiday schedules, or even phone call timings.
“The father is permitted to contact the child via phone or video call every Wednesday and Friday between 7:00 PM to 8:00 PM.
Specific Issue Order: This addresses particular matters related to the child’s upbringing, like which school they should attend or whether they should undergo a particular medical procedure.
“The child will attend (School name) for their primary education. Both parents must jointly agree upon any decisions regarding elective medical procedures for the child.”
Prohibited Steps Order: This prevents a parent from making a specific decision about the child without the other parent’s consent or the court’s consent. For example, it might prohibit a parent from taking the child out of the country.
“The mother is prohibited and restrained by way of injunction from taking the child out of the state of Victoria without the written consent of the father or a further order from the court.”
More Consent Order Examples:
Property Settlement: This details how assets and debts will be divided between the parties. For instance, who gets the family home or how a joint bank account will be split.
“That within 7 days the parties will do all things necessary to list the family home located at [Address] on the market with a local real estate agent.“
We Can Help You With Your Queries: Consent Order Example
When a mother of two, on the brink of divorce, approached our firm, she was filled with questions about consent orders.
Our family lawyer immediately set out to provide clarity. We began by explaining the essence of these court-approved agreements, detailing their role in post-divorce arrangements.
Our next step involved a deeper dive into her concerns, especially regarding her children’s well-being.
We highlighted the significance of open dialogue with her spouse to reach a mutually beneficial arrangement.
By the end of our sessions, she felt more equipped and reassured.
Also read: Is a Consent Order Legally Binding?
It’s Important to Seek Legal Advice
The examples provided above offer a glimpse into the intricate world of family law orders.
By understanding these hypothetical scenarios, individuals can gain a clearer perspective on the potential stipulations and arrangements that might be included in such orders.
However, it’s crucial to remember that every family’s situation is unique, and these examples are merely illustrative.
While they can serve as a starting point or reference, nothing replaces the expertise of a qualified legal professional.
If you navigate these waters, always seek legal advice to ensure your decisions are well-informed and in the best interests of all parties involved.
After all, it’s always best to tread with care and knowledge when it comes to matters as personal as family.
