Parenting Orders – Considerations of the Court
In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...
Mistakes made in Child Custody Proceedings – Watch Your Behavior
INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...
Making your AVO work for you
Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...
Women and Family Law
This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...
Share the Care Parenting Plan – Collaborative Parenting Apart
Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...
An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement
Wallace & Stelzer and Anor  FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...
When you separate, you and your former partner will need to make some important decisions about the future care of your children.
The Family Law Act 1975 is the law that sets out what happens with separating families regarding divorce, parenting arrangements, property and spousal maintenance.
The law says it’s important for children to have a meaningful relationship with each of their parents and other people who are important in their lives (like grandparents), provided this is in the children’s best interests and unless this puts the children at risk of harm.
The law places an obligation on parents to make a genuine effort to resolve parenting issues without going to Court. Parents are encouraged to reach agreement regarding the arrangements for their children and to access family dispute resolution services, such as mediation, to assist them to reach agreement.
Domestic violence within a relationship can affect the way the law works. It is important to let your lawyer know if you have experienced, or are experiencing, domestic violence.
Making arrangements post-separation
After separation, it is important to consider the living arrangements for your children, including the amount of time they will spend, and how they will communicate, with each parent. It is also important to consider how future decisions will be made about the children.
You can talk to our lawyers to get advice and assistance regarding the arrangements you can make. You and your former partner can also attend family dispute resolution such as mediation.
Call the experienced team at GMH Legal to assist you in your matter.
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