Empowering Voices: The Role of Child Inclusive Mediation in Family Resolution

Family disputes and conflicts can be emotionally challenging and distressing for all parties involved. In such situations, finding a peaceful resolution that takes into account the needs and perspectives of everyone in the family is not only desirable but essential. One approach that has gained widespread recognition for its effectiveness in achieving this delicate balance is Child Inclusive Mediation (CIM). In this comprehensive blog post, we will delve deep into the role of Child Inclusive Mediation in family resolution, the extensive benefits it offers, and how Aylward Game Solicitors in Brisbane, Australia, are pioneering this approach to bring about harmonious family outcomes.

Understanding Child Inclusive Mediation

Child Inclusive Mediation (CIM) stands as a beacon of hope in the realm of family dispute resolution. Unlike traditional mediation, which predominantly involves adults, CIM acknowledges that children are not passive spectators in family conflicts. It firmly recognises their right to have a voice in decisions that have a direct and profound impact on their lives.

In CIM, specially trained mediators go above and beyond to create a safe and nurturing environment where children can express their thoughts, concerns, and preferences regarding the family dispute. This process is particularly valuable in cases of separation, divorce, custody disputes, and other family-related conflicts, where children's well-being hangs in the balance.

Benefits of Child Inclusive Mediation

Child Inclusive Mediation yields a plethora of benefits, both for children and their families. Let's delve into these advantages in greater detail:

1. Empowering Children's Voices

One of the paramount benefits of CIM is that it empowers children, enabling them to take an active role in the resolution of family issues. It goes beyond merely acknowledging their perspectives; it actively listens to and values their voices. This empowerment can have a profound impact on children, boosting their self-esteem and reinforcing their sense of value within the family unit.

2. Improved Communication

CIM is a catalyst for open and honest communication within families. When children are given a safe platform to express themselves, parents and caregivers gain a deeper understanding of their needs and concerns. This newfound level of communication can lead to more effective problem-solving and decision-making, ultimately fostering healthier family relationships.

3. Child-Centered Solutions

The heart of CIM lies in crafting solutions that prioritise the best interests of the children involved. The focus shifts from parental disputes to finding arrangements that support the children's emotional well-being and stability. This child-centric approach often leads to more sustainable and harmonious family solutions.

4. Reduced Conflict

Involving children in the mediation process has a remarkable effect on reducing conflict and tension within the family. When children witness that their voices are genuinely valued, and their needs are being actively considered, it paves the way for a more peaceful and harmonious family environment.

The Role of Aylward Game Solicitors

Aylward Game Solicitors, nestled in the vibrant city of Brisbane, Australia, has emerged as a trailblazer in the field of Child Inclusive Mediation. Their team of seasoned family lawyers and highly trained mediators wholeheartedly recognises the importance of integrating children's perspectives into the fabric of family dispute resolution.

Aylward Game Solicitors' Approach

At Aylward Game Solicitors, CIM is more than just a process; it's a philosophy. They embrace a child-focused approach, placing the emotional well-being and needs of children at the forefront throughout the mediation journey. Their mediators are not just experts in the field; they are compassionate individuals who excel at creating a supportive, child-friendly environment where children can express themselves without hesitation.

Case Studies

To illustrate the tangible impact of Aylward Game Solicitors' approach to CIM, let's delve into a few real-life case studies:

Case Study 1: John and Sarah's Divorce

John and Sarah were navigating a tumultuous divorce, and their disagreements were taking a toll on their two young children, Emma and Liam. Aylward Game Solicitors orchestrated CIM sessions that gave Emma and Liam the platform to candidly share their feelings and preferences. The outcome was transformative – John and Sarah were able to reach an agreement that not only resolved their disputes but also prioritized the well-being of Emma and Liam, resulting in a smoother transition for the family.

Case Study 2: Custody Dispute

In a particularly challenging custody dispute between Lisa and Mark, their daughter Emily's well-being was the paramount concern. CIM sessions conducted by Aylward Game Solicitors allowed Emily to express her deep desire to maintain a strong bond with both her parents. This crucial input led to a custody arrangement that enabled Emily to maintain meaningful relationships with both her mother and father, ensuring her emotional stability.

Legal and Ethical Considerations

While Child Inclusive Mediation is a powerful tool for family resolution, it is not without its legal and ethical considerations. It is paramount that the process respects the rights and well-being of the children involved. Aylward Game Solicitors is unwavering in their commitment to upholding the highest ethical standards in CIM, with a steadfast focus on prioritizing the best interests of the child.

The Need for Child Inclusive Mediation: Statistics Speak

To underscore the profound need and effectiveness of Child Inclusive Mediation, let's explore some compelling statistics:

• A study conducted by the American Psychological Association found that children who actively participated in the mediation process exhibited significantly better emotional and psychological outcomes compared to those excluded from the process.
• The National Center for State Courts reports that the implementation of CIM has led to a notable reduction in contentious custody-related court battles, resulting in considerable savings in terms of time, emotional stress, and legal expenses for families.
• Research published in the Journal of Family Psychology reveals that CIM is associated with a higher rate of compliance with custody and visitation arrangements, ultimately contributing to the overall well-being and stability of children.

These statistics paint a vivid picture of the positive impact of Child Inclusive Mediation on children and families, showcasing its potential to transform the landscape of family dispute resolution.

Tips for Effective Child-Inclusive Mediation

For families and professionals considering the path of Child Inclusive Mediation, here are indispensable tips to ensure a highly effective and child-centered process:

1. Choose Experienced Mediators: Collaborate with seasoned professionals who possess a deep understanding of the unique dynamics of CIM and can adeptly create a nurturing environment for children.
2. Prioritize Children's Well-being: Place the best interests of the children front and center in all decision-making processes.
3. Create a Safe and Welcoming Space: Go the extra mile to ensure that children feel genuinely safe and comfortable during CIM sessions. Encourage them to express themselves without reservations.
4. Balance Parental Rights and Children's Needs: Strive to strike a delicate balance between parental rights and the genuine needs and desires of the children.
5. Adhere to Legal Guidelines: Unwaveringly follow all legal requirements and ethical standards to safeguard the rights and well-being of the children involved.

Child Inclusive Mediation serves as a powerful beacon of hope, illuminating the path to harmonious family resolutions. It empowers children, promotes open and honest communication, and leads to solutions that revolve around the best interests of the children involved. In the vibrant city of Brisbane, Australia, Aylward Game Solicitors stands at the forefront of CIM, leading families towards brighter and more harmonious futures.

By embracing the principles of Child Inclusive Mediation, families can forge a path toward a more peaceful and stable family environment, ensuring a brighter tomorrow for all members of the family.

Article Source: Child Inclusive Mediation

When can a child decide where they live?

We regularly get asked by clients when their child can decide where they will live and who they will live with. There is no set age at which the Court will allow children to make this decision.

The Court’s paramount consideration when deciding where a child should live is based on the child’s best interests. There are many factors that the Court needs to consider to determine what the best interests of the child are. The Court’s primary considerations are that the child have the benefit of a meaningful relationship with both of the child’s parents and the need to protection the child from physical or psychological harm.

The Court also has additional considerations when determining what is in the best interest of the child. Some examples include: each parent’s ability to look after the child’s needs, the attitude of
each parent, the effect of any change in circumstances may have on the child, the relationship the child has with each parent, and so on. These considerations will be weighed together with the views of where the child wishes to live.

When deciding how much weight to give a child’s view of where he/she wants to live, the Court will consider factors such as:

a) The age of the child – generally the older the child gets the more weight their views will have (e.g the views of a child who is 15 have more weight than a 5-year-old child);

b) The child’s maturity and understanding – maturity levels can vary significantly for children of the same age (e.g you can have two children the same age and have one very mature child who understands the impacts of their view and another child who lacks the insight)

c) Whether the child has been influenced by another parent; and

d) The views of other siblings.

There can also be instances where the Court however considers the child’s views and the other considerations and will still Order that an older and more mature child should spend time with a
parent with who they have said they do not want to spend time with. Unfortunately, it is in not a simple answer.

Children are not required to give evidence to the Court. The way the Court can understand the child’s views is through a Family Report being prepared. A Family Report is a report prepared by either a social worker or a psychologist who reviews the Court material and interviews the parents and the child/ren. In these interviews, the parents and children can express their views and the
Family Report Writer will release a report that sets out the parents and child/ren’s views, an evaluation of the information provided by them, and how much weight should be placed on these
views and they will make recommendations to assist the Court, for example: where the child/ren should live and how much time they spend with the other parent.

As you can see, there is no set age that a child can decide where they wish to live. Generally, the older and more mature they are, the more weight will be given to their views however it is important to remember that the Court’s primary consideration will be the benefit of the child having a meaningful relationship with each parent and the need to protect the child from harm.

At Aylward Game Solicitors we have experienced Solicitors who will be able to assist you in navigating these aspects of your Family Law Matter. If you wish to discuss your parenting arrangements, please contact our office on 1800 217 217

Article Source: Child decide where they live 

How to Calculate Child Support in Australia?

What is child support?

Child support is the money that is paid by parents to give financial assistance to the child. Usually, this amount is paid by the non-custodial parent to the custodial. But this depends on the agreement between the parents. This amount can change according to the decided expenses. (Child Support Australia)

The methodology of child support:

Child support is complicated for both parties. The rules may be different for each parent depending on the situation. It is wise to consult a family law attorney like Aylward game. They will explain the procedure that applies to your condition.

Below we have tried to explain the basic procedure of child maintenance.

• Each parent contributes to child maintenance.

• The cost varies according to the ages and number of children.

• The parent with a higher income will pay more.

• The custodial parent gets extra credit.

• The parent will contribute only if his income is greater than the expenses.

The child support is calculated by the following formula:

Child support = costs of children * (Income – expenses)

If this formula gives a positive result then you will have to pay the child maintenance.

Where to use child support?

Child maintenance is paid to support the child financially. And to maintain his living standard. So, the custodial parent cannot use these expenses for their personal needs. Like saloons, entertainment, or vacations in which the child is not involved. The child support payments can be used for:

• Shelter, which includes rent or mortgage. It also covers the basic home needs of the child.

• Food, clothes, toys, and books are the basic needs of the child.

• Medical expenses to maintain the health of the child. The parent who is paying child maintenance can also use his health insurance plan to provide this facility.

• All of the school expenses.

• And the extracurricular expenses like sports or summer camp.

These expenses are clearly defined in the agreement. So, both parents can understand their responsibilities.

How much is child support?

This amount is a variable. It is dependent on the incomes of parents. You will pay according to your earning and the expenses you face. The one who earns more will have to pay more for child maintenance. Usually, the following factors are taken into consideration to get a child maintenance assessment.

• The tax on parents’ income

• The number of nights of each parent with the child or children.

• The number of children with the age of less than 13, and the ones who are between 13 and 17.

Let’s dig deeper to know more about child sport in QLD.

How much child support will I pay?

This is an essential factor in calculating child support in Australia.

The child maintenance is not calculated on your gross salary. You may have to pay taxes. These can be income tax, property tax, or other taxes. In the child maintenance formula, the recent tax return is used. Then there are some personal requirements. The formula assumes a certain self-support amount. It is one-third of the Male Total Average Weekly Earnings (MTAWE). In 2020 self-support is 25,5757 dollars.

Before applying for the child support Australia formula, the tax, and the self-support income are subtracted. You will pay only what you can easily afford. A specific percentage of income decides your share in child maintenance.

Child Support in Australia

Support for each child:

To calculate the cost of each child you can use the following Government’s costs of the children table.

https://guides.dss.gov.au/child-support-guide/2/4/2#mtawe

Child support period starting inAnnualised MTAWE figureSelf-support amount (1/3 MTAWE)Default income (2/3 MTAWE)The fixed annual rate of child supportParenting payment single, maximum basic amount (PPS)The minimum annual rate of child supportChild support inflation factor

2008$54,756$18,252$36,504$1,122$13,980$3395.0%2009$56,425$18,808$37,617$1,178$14,615$3563.3%2010$58,854$19,618$39,236$1,193$14,937$3603.8%2011$61,781$20,594$41,187$1,226$15,909$3704.7%2012$64,865$21,622$43,243$1,269$16,679$3834.2%2013$67,137$22,379$44,758$1,294$17,256$3914.1%2014$70,569$23,523$47,046$1,322$18,197$3994.8%2015$70,829$23,610$47,219$1,352$18,728$4081.8%2016$71,256$23,752$47,504$1,373$19,011$4141.3%2017$72462$24,154$48,308$1,390$19,201$4202.1%2018$73,606$24,535$49,071$1,416$19,568$4271.6%2019$75,114$25,038$50,076$1,443$19,981$4352.4%2020$76,726$25,575$51,151$1,467$20,298$4432.5%

The following factors also affect the costs of children.

A number of children:

More children mean more cost. A 2nd child can add 50% to the costs of the 1st child. If you have 3 children it will cost double compared to the cost of a single child.

Ages of children:

The ages of the children also have an impact on child maintenance. If they are 13 and above they will cost 20% more than the children of age 12 and below.

Your income:

Child maintenance increases with the increase in your income. If both of you have income below the self-support then there will be no self-support.

The child will get support if the income is 2.5 times MTAWE. And this happens usually when both parents have a combined taxable income of 3.167 times MTAWE. The minimum child maintenance in 2020 is 443 dollars.

Income shares:

Each parent contributes a certain percentage of the income for child maintenance. Each of them will be responsible for covering a specific percentage of the costs of a child. It is your choice to pay the child maintenance or to take the child under your custody.

For instance, if you have 70 percent of the combined income then you will have to meet the 70 percent requirements of the child. Similarly, If the child is spending more nights with you then you will receive child maintenance.

Cost Shares:

The custodial parent gets credit for taking care of the child or children. The cost of the child for which the credit is given is the percentage of your cost. This cost is calculated according to the table given below.

https://www.servicesaustralia.gov.au/individuals/services/child-support/child-support-assessment/how-we-work-out-your-assessment/basic-formula#careandcost

Care percentageEqual to the number of nights a yearEqual to the number of nights a fortnightCare levelCost percentage0-13%0-511Less than regular care0%14-34%52-1272-4Regular care24%35-47%128-1755-6Shared care25% plus 2% for every percentage point over 35% of care48-52%176-1897Shared care50%53-65%190-2378-9Shared care51% plus 2% for every percentage point over 53% of care66-86%238-31310-12Primary care76%87-100%314-36513-14More than primary care100%

The care is calculated according to the number of nights you have the child in a year. To calculate it the number of nights is divided by 14 which is a fortnight.

The above table gives the difference between the percentage of cost and care. The result is often unclear but for many parents, the percentage of cost is equal to the care.

Calculating child support:

In the last step, the cost of the child or the children is multiplied by the difference in cost percentage and income percentage.

The custodial parent will receive support if the care % is greater than 35% and the cost percentage is greater than his or her income. You will have to pay child maintenance if the care % is less than 65% and the income percentage exceeds the cost.

The Department of Human Resources decides the amount of child maintenance. The child maintenance assessment has an annual figure, the monthly billed amount and the current balance. It can change only in special circumstances by a change of assessment review.

Read More: https://familylaw.aylwardgame.com.au/services/child-support/

Conclusion:

When parents are no longer living together, there is a problem in raising the child or children. One cannot do this alone. To meet the child’s financial needs child maintenance is needed. It is paid to give a good lifestyle to the child. The parents cannot use child maintenance for their personal needs. This law helps the child to get his rights.

Frequently asked questions:

What is child support for in Australia?

Child support is an amount that is paid by both parents to support the child financially.

When does child maintenance end?

Child support is paid until the child turns 18 or 19. But if the child is unmarried and still attending high school then the court may as to continue the child maintenance.

Is it mandatory to pay child support?

Yes, it is mandatory. You will have to pay child maintenance until the child turns 18. But if he is 18 and still in high school, you will have to pay child maintenance.

Should I hire a lawyer for child support?

It is good to have a lawyer. He will make the implementation of child maintenance easier.

Does the child support increase with the increase in income?

It depends on the increment. If the increment is at least 10 percent of the previous income then there will be a change in child support. You will have to pay a bit extra amount.

Article Source: Child Support Australia