Separation in military families
Separation is difficult in any relationship, particularly when children are involved. If one or both parents are members of the armed forces, that separation comes with an extra level of complexity.
Australian Defence Force (ADF) members are often asked to move either interstate or overseas at very short notice, they experience extended time away from home, and there are considerations such as military pensions to be considered.
The mental health aspects of serving in the ADF also need to be considered during any family law proceedings.
Parenting arrangements for the children of military personnel look very different compared to the average family. Issues such as decision making, school enrolment, communication, and care arrangements need to be looked at carefully.
There is also a need to consider whether children will be required to travel to see one parent, and what those arrangements might look like. Where a parent is posted overseas, additional considerations such as international travel, passports and compliance with parenting orders come into play.
Courts will always consider what is in the best interest of the child first and foremost. It’s important that separating parents, no matter their circumstances, try and put their children’s needs before their own.
When it comes to property settlements, there are issues that are unique to ADF members.
Many servicemen and women have superannuation schemes that are governed by specific legislation, which sometimes requires them to be dealt with differently. While superannuation interests can generally be split between a couple during a divorce, there are some interests that are generally considered to be “unsplittable.” Specialised advice is required around this.
Defence income can also include special allowances for housing, separation or deployment allowances, as well as medical discharge payouts.
It’s important your lawyer understands the complex family law issues surrounding these.
Finally, mental health issues can be at the forefront of any separation, but more so for members of the ADF.
ADF personnel may experience post-traumatic stress disorder (PTSD), anxiety or depression, related to their service, and this can affect parenting matters, and the ability to manage the stress of separation.
Appropriate support, and treatment can form part of parenting arrangements, and it’s vital to remember that mental health issues can affect someone’s ability to be employed, which is a consideration for property settlements, and child support payments.
If you or your former partner are members of the ADF, you will need expert legal advice to navigate your separation and divorce, as well as any issues surrounding property settlement, and parenting arrangements.
The family law specialists at Michael Lynch Family Lawyers are here to help you. To make an appointment, contact our office on: (07) 3221 4300 or email: [email protected]
