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Legal Aid News Issue 17: Mailbag << Back to index From the mailbag Dear Justina Law In an overflowing mailbag, two letters from anxious parenrs screamed out for urgent attention. Q: I have received a letter from Centrelink cancelling my Parenting Payment (single) and claiming that I have been overpaid because I am living in a marriage-like relationship with a man. They are saying I owe $10,000. This is wrong, because I live alone with my child and have done for the last three years. I have a boyfriend, but we don’t live together. I have no money at all at the moment. What can I do? P.T. Wagga Wagga You should ask for the decision to be reviewed by an ARO as soon as possible and ask that your payments be restored pending the outcome of the review. This should be done and will at least get you some money to live on in the short term. You can then try to give as much information as possible to show that you are not living in a marriage like relationship. The law requires Centrelink to consider the relationship as a whole, not just particular parts. Information which is relevant includes your financial arrangements (e.g. whose name are the bills in; do you have a joint loan with your boyfriend), how you present socially (e.g. do other people know you to be a couple; how do you introduce your boyfriend to others), what are your household arrangements (e.g. does your boyfriend have any child caring responsibilities toward your child?) and whether you have a sexual relationship, the commitment that you have to the relationship and how permanent it is. However, no one factor is the most important. It may be a good idea to apply to get a copy of your file under the Freedom of Information Act so you can see what information Centrelink have obtained about you. You can lodge the request in writing at your local Centrelink office. There is no fee for this. If the Authorised Review Officer, (a more senior Centrelink officer who has the power to change the original decision), does not change the decision, you can appeal to the an independent tribunal called the Social Security Appeals Tribunal (SSAT) and your payments will again be continued until the SSAT makes its decision. You can take any witnesses that you have with you to give evidence to the SSAT if you wish. You should ask for an appeal as soon as possible. If you are still unsuccessful, you can appeal to the Administrative Appeals Tribunal (AAT). The tribunals will all ask similar questions to understand the nature of your relationship. If the case gets to the SSAT or AAT, you should come in to Legal Aid for some advice and possible representation. Q: I have three children aged five, three and 18 months. My partner and I have been separated for six months. We haven’t been to court yet but had an agreement that he could see the children once a week. He’s seen the children a few times since our separation but doesn’t have any real interest in them. He treats them like toys, brings them out when he feels like playing Dad. He turns up when he feels like it and not when he is supposed to and has broken their hearts so many times. My eldest child turned 5 recently and he didn’t even ring him on his birthday! His drug and drinking habits have become worse and his behaviour is more and more unpredictable. He is making our lives unbearable, the children have absolutely no routine and I never get a break. We live in a small town and he has destroyed any chance I had here of getting part time work or ever starting another relationship. I have no friends left and my family all live interstate. I mentioned leaving town and moving closer to my family. He responded by saying that if I leave he’ll make me regret that decision for the rest of my life. I am so desperate and lonely that I simply can’t stay. I don’t know if he can stop me. Please help me as I just don’t know what to do. M.T Tocumwal This question comes up again and again and can often be difficult to resolve as it involves some complex family dynamics. The Family Law Act states that children have a right to know and be cared for by both parents. However when one parent needs or wants to move away and the move will affect the child's ability to see the other parent on a regular basis, a number of factors will need to be considered. If you have a court order describing the contact which should take place, you will need to check the order to see whether the move will breach the order. If so, you will need to apply to have the orders varied either with the other parent's consent or by a further court order before you move. If, as in this case, there is no court order, you will not be breaching any orders by moving. However, given that there is an informal agreement for the children to have contact with their father, then the father can ask the Family Court for an order which stops you from leaving the area with the children. Most importantly, the Court will look at what is in the best interests of the children. The Court might consider such things as why you are moving, the current relationship the children have with their father and how the new location compares with the present environment. |
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