Separation and Divorce – preparing for the unpreparable
Separation and divorce is never easy. Regardless of the reasons behind a separation, the emotional journey can be difficult and the legalities around separation and divorce can feel overwhelming.
To help you out: Here’s our guide to preparing for the unpreparable.
Divorce vs Separation
What is the difference between separation and divorce?
The term divorce refers to the formal cessation of a marriage by submitting an application to the Federal Circuit and Family Court of Australia. Once the Federal and Family Court of Australia approve an application for divorce, all legal connections between formerly married parties’ are terminated.
Separation, unlike divorce, is the ending of a relationship that was never legally recognised. Depending on the nature and length of your relationship, even a separation can have legal consequences.
Why are separation and divorce so painful?
This might be an obvious question, but the answer is multi-dimensional and layered. Of course, there is inherent emotional pain involved in either a separation or divorce. Following the breakdown of a relationship, it is normal to experience feelings of grief, anger, sadness and denial. There is also usually a great deal of change in terms of living, parenting and financial arrangements.
When it comes to separating financial assets, financial loss and change can have significant impacts. Changing from a two-income household to a single income, for example, can impact day-to-day living arrangements and choices.
Individuals going through divorce and/or separation can experience a variety of feelings and for that reason, it is important to be kind to yourself, seek information from qualified professionals and emotional support.
Possible reasons for separation or divorce
Every separation is different and unique and is often caused by multiple factors. Nonetheless, the possible reasons for divorce and separation include:
Erosion of commitment and love over time.
Lack of communication or increase in conflict and arguments.
Infidelity or extramarital affairs.
Lack of intimacy.
Domestic violence or abuse (emotional, verbal, physical or financial).
Money or financial problems.
Addictions.
The Emotional Stages of the Divorce
Following a separation or divorce, there are said to be at least five stages of grief. These stages begin with Denial.
Denial
Unlike prevalent misconceptions, denial isn’t about refusing to accept reality or acknowledge the truth. During separation or divorce, one or both parties can simply find it too difficult to process or emotionally accept the experience. There are a lot of considerations and emotions which can cause a person to be in denial and not fully accept the separation is taking place.
Anger
If a person moves through the phase of denial, it is common for that person to begin to experience feelings of anger. Especially in instances of infidelity or other associated breaches of trust in the relationship, it is common for there to be feelings of anger.
Bargaining
During a separation or divorce, it is normal to have times of feeling hopeless or vulnerable. Such intense emotions can motivate our minds to want to regain control or determine the outcome of the situation. In these circumstances, a person may start to think statements like; ‘what if…’ or ‘if only…’ in attempts to find solutions and gain control of the situation.
Depression and Acceptance
The final two stages occur after the more active stages of anger and bargaining. Depression can feel like a more quiet stage of the grieving process. Depression can be the result of the deep sadness experienced during the separation or loss. Moving through this stage will result in acceptance. While it may not mean that the person is happy or at peace with the separation or divorce, it may simply mean that the person has come to accept that it has happened and begin to make sense of what it means for their life now.
Tips For Coping With Divorce And Separation
Give yourself a break
Whether experiencing a separation or divorce, despite the reasons behind it, separation or divorce is a difficult time.It is important to give yourself a break and allow yourself the emotional space to experience your feelings. Don’t expect a quick recovery or to simply shrug off the experience. Accept your feelings and understand that it is normal to have them.
Take time to explore
Change is scary. That’s why it’s vital that you give yourself time to explore options and think about your new life. Don’t rush into decisions or hold yourself back from adjusting your life in a way that will help you be happier and healthier in the long run.
Love and validate yourself
Practising self-love and validation may not sound like everyone’s cup of tea, but it’s actually really important. Self-esteem and confidence can be significantly impacted during the process of divorce & separation, so giving yourself the tender self-love and care you deserve is vital.
Don’t blame yourself or the relationship
When things go wrong, it’s tempting to start ascribing blame. But this is never helpful. Resist the urge to blame yourself or the relationship. It can be easy to look back and taint your entire experience with your former partner. But such a habit can also be detrimental to your ability to move forwards and forge new relationships.
Move forward and be positive
Being positive might sound simple but it’s never easy. While the legalities involved in separation vs divorce in Australia are different, it doesn’t mean one is any easier to move forwards from than the other. But by giving yourself permission to move forward without guilt or shame and being positive about the future ahead, you just might find yourself feeling and living a little better.
Embrace the change
Embracing change is more natural to some than to others. Nevertheless, it’s important to understand that accepting change does not reduce its difficulty or the immensity. Embracing the change, warts and all, will however make everything just a fraction easier.
Talk to the expert
If you need emotional or general life support, make sure you turn to the experts. Professional counsellors and psychologists are trained to help guide clients through the trials of separation and divorce. From a legal standpoint, having the backing of expert legal advisors will ensure your financial and parenting issues are taken care of as well.
Things To Consider When You Are Separated From Your Partner
Parenting Arrangements
Parenting arrangements are important to consider when finalising a separation or divorce. Talk with your lawyer about how you parenting arrangements can be managed.
Wills & Powers of Attorney
Putting your wills and power of attorney in order after a divorce or separation is really important to ensure your estate is dealt with in the way you wish it to be after your death.
Depletion of Assets
Similarly, without proper legal specification regarding the depletion of your assets you cannot be confident that your estate will be handled in line with your wishes.
Safety and Concerns
While not always relevant, if you have genuine concerns about your or your family’s well being and safety, make sure that you work and communicate with support services who can assist.
A New Way forward after divorce and separation starts here…
New Way Lawyers is a not-for-profit law firm. Our industry-leading legal experts put their minds, hearts and work into ensuring the best quality legal advice is possible at a price point that is accessible for all.
If you’re going through divorce or separation, feel free to reach out to the New Way team today for advice, assistance and support.
Separation and divorce usually mean monumental changes for family life. If you have children and are separating, it’s normal to worry about how your children are going to adjust to this new way of living and it’s also normal for children to have a difficult time adjusting. But don’t worry, there are many tools available to you to help ensure your children have the best support while undergoing these family changes.
Here are some helpful tips and tricks to help you support your children (and yourself!) during these challenging times.
Openly and honestly communicate with your children about what’s going on in a language appropriate for their age-level. While this doesn’t mean you tell them all the nitty gritty details, engaging them in honest conversation about what’s happening and giving them the opportunity to discuss how they feel about the situation can help your child feel included, loved and cared for. Children will often have ever-evolving questions about the changing dynamics, and making time and space for private conversation with them can help alleviate some of their anxiety. When talking about these matters, make sure you’re aware of your body language and try and stay as calm as possible.
Helpful tip: Do not bad-mouth your ex-partner in front of your children, no matter how you might feel about them or what has happened. This can create anxiety and sadness in children, and even feelings of guilt, shame or confusion about their natural love for a parent. Children need to be given agency to decide how they feel about a situation or about a parent’s behaviour.
Be sensitive to your children’s emotions. Separation is tough on everyone, but it can be especially tough on kids. For young children, separation can be a crash-course in emotions they haven’t experienced yet, such as anger, guilt, shame, fear or loneliness. Put a teenager in the mix combined with their changing bodies, hormones and individual identity development and you’ve got a recipe for tumultuous times. Allow your children to feel and express their emotions and validate what they are feeling. If they choose to reach out to you, make sure you give them your full attention and let them know you understand how hard it is.
Stick to a good routine and blend new and old rituals. Separation can bring a change of routines and challenges around foundational aspects of your child’s life, such as moving to new locations, co-parenting or navigating two separate schedules. This can be disorienting and anxiety-inducing for children as they crave security. If you are able to have positive parenting conversations with your ex-partner, agree on schedules and routines that help the children, such as the same bedtimes and school drop-off/pick-up routines. It may also be helpful to continue engaging in old rituals, such as Sunday roasts or Saturday morning walks to provide some continuity. Allow the kids to put in their ideas for new rituals as well. Spending quality time with the children before bed every night, such as reading a story or waking them up in the same manner every morning can also help them feel safe and secure.
Strengthen your children’s support networks. Separation can feel like an isolating time for kids, so it’s important they have strong social support outside of you and your ex-partner. Keep them regularly in contact with friends, extended and supportive family or community networks (such as schools, sports or youth groups). This allows them the opportunity to voice their feelings to others if they need to. While you may want your children to talk to you about everything, there will always be some things they feel they can only voice to friends or other trusted confidants. If you really feel like your children are struggling badly, counselling can help but your child needs to be on board with you seeking out additional support for them.
Look after yourself! Make sure you take enough time-out for you as well. If you’re struggling, it’s likely to make things more difficult for your children if you’re not coping well. While some ups and downs are normal during this difficult time, you don’t want to burn out. Get enough rest, sleep and down-time. Rely on your own support network, and seek professional assistance if you’re really struggling to cope. Remember that while smooth seas never make a skilled sailor, it’s not helpful to try and chart a course on your own during a major storm. Take time for you, and put yourself first every once in a while.
About Karyna Jansons:
Karyna Jansons is the owner of Ceres Counselling, a warm, non-judgemental and deeply compassionate counselling service for clients who want to be seen for their wholeness and not just a label or diagnosis. Having lived and worked remotely in the NT for nearly 20 years, she is now based in Queensland where she provides online and phone counselling to anyone across Australia. She has previously worked with women and children escaping domestic violence, youth involved in the justice system and adults with severe mental health concerns. She is passionate about making counselling accessible to everyone and is passionate about breaking the stigma that surrounds mental health.
Do you care for or raise your grandchildren? Are you concerned about your grandchildren’s safety? Are you prevented from spending time with your grandchildren? Issues such as these can cause great strain and stress so we are going to explain some simple steps you can take if these issues are impacting you and your family.
The Family Law Act 1975 (Cth) is federal legislation, meaning it applies to all States and Territories in Australia, and it covers arrangements regarding separation, divorce, property and financial settlement and parenting of children. Under the legislation, the principle of the best interests of the child is central to all decisions made about children and a key focus of the legislation is a child’s right to be cared for by both parents and other people who are significant to their care, welfare and development, including extended family members and grandparents. In fact, Grandparents are specifically recognised in the Act and their importance in grandchildren’s lives is acknowledged. Grandparents can therefore, make an application to the Family Court and Federal Circuit Court of Australia (FCFCOA) with regard to their grandchildren. It is important to note, however, that although grandparents can make an application to the FCFCOA, it will be subject to what is in the child’s best interests.
When deciding what is in a child’s best interest, the FCFCOA considers a number of factors including:
Protecting the child from harm including whether any domestic violence or abuse that may impact upon the child’s safety
The wishes and views of the child, depending on the child’s age and stage of development
The child’s relationship to their parents, grandparents and significant others
The impact any change to current living and spending time arrangements will have on the child
Practical implications of spending time and being in contact with a parent, grandparent or significant other
The attitude, circumstances, capacity and ability of the person making the application to provide for the child’s needs and uphold their best interests
If the child is of Aboriginal and Torres Strait Islander background or of a culturally and linguistically diverse background, the child’s right to understand their culture
Are you being prevented from spending time with your grandchildren?
If you are being prevented from seeing your grandchildren options for seeking to spend time with your grandchildren include;
Family Dispute Resolution
Family Dispute Resolution (FDR) is a process where parties’ in dispute meet with a Family Dispute Resolution Practitioner (FDRP) in a safe and contained forum to discuss issues causing conflict. FDRP’s are able to work with families in dispute to reach mediated parenting agreements that can be formalised into consent orders if the parties’ agree. FDR is cheaper and more emotionally supportive than entering a Court process.
To find more information about family dispute resolution services, go to Relationships Online; www.familyrelationships.gov.au or call 1800 050 321. You can also find more information about FDR and FDRP’s by going to; www.ag.gov.au/fdrproviders
2. Legal Advice From a Family Lawyer
It is always wise to speak with a family lawyer about your situation and your legal options. Seeking legal advice does not automatically mean you are starting a litigious process. Legal advice can sometimes simply help you understand your legal rights and options for pathways forward.
If you would like to book a free 20 minute consultation, contact us.
Are you a Kinship or Grandparent Carer?
Sometimes children cannot live with their parents and live with a grandparent, extended family member or friend who becomes their primary carer, also known as their grandparent carer or kinship carer. Children live with grandparent and kinship carers for different reasons and for different amounts of time, depending on the circumstances. If you are a Grandparent or Kinship Carer, you can still apply for parenting orders as a person who is concerned for the care, welfare and development of the child. For more information, seek legal advice or to go www.fcfcoa.gov.au.
Financial Support for Grandparents?
Grandparents may be eligible for financial support to assist with the cost of caring for a grandchild. A grandparent can claim Medicare benefits for medical expenses for a grandchild in their care. Other government benefits and support may also be eligible to be paid. Finally, it may be possible for a grandparent to claim child support from the child’s parent. Enquiries about financial support can be made with the Commonwealth Department of Human Services
Are you wondering what issues can be included in a parenting plan or how you and your ex-partner can create one? Maybe you’re wondering what a parenting plan actually is? Well, you have come to the right place as we are going to explain what a parenting plan is, what parenting issues can be included in your plan and how you can draft it.
What is a Parenting Plan?
A parenting plan is a written agreement, recognised under the Family Law Act, that sets out the parenting arrangements and responsibilities for one or more children. Both parents or guardians are to work out the arrangements and agree to the plan before dating and signing it.
How can separated parents or guardians create a parenting plan?
There is no specific or required format for a parenting plan. If you and the other parent or guardian are able to agree on the parenting arrangements and responsibilities for the child/ren, you can simply document your agreement and date and sign it.
Services are available to assist you and the other parent or guardian reach agreement through family dispute resolution (FDR). FDR is a process that brings two parties’ together to discuss issues in conflict. A mediator trained in family dispute resolution, works with both parties to reach agreements and work through conflict. Agreed outcomes can be documented into a parenting plan following FDR.
Do I need a family lawyer to make a parenting plan?
There is no requirement for a family lawyer to be involved with the making of a parenting plan – parents and guardians can proceed with the assistance of a family lawyer. At any point during the process of arranging a parenting plan a parent or guardian can however engage a family lawyer for advice or assistance if questions or concerns arise.
What issues can be included in a parenting plan?
A parenting plan can include everything concerning the parenting arrangements and responsibilities for your child or children including;
Allocation or parental responsibility
Living arrangements and time arrangements for the children with each parent;
Communication by way of telephone, face-time and/or online time with each parent when not in their care;
Schools and/or Day care centre’s both parents or guardians agree their children will attend;
Agreed parenting rules or strategies to be enforced in each house such as not playing video games after 8pm, not having a mobile phone until a certain age, not having ears pierced or hair dyed until both parents agree and so on.
Financial support arrangements for the children
What should parents or guardians consider when making a parenting plan?
Children’s best interests are to be prioritised when making long term decisions about the child/ren or day-to-day care and responsibility of the child/ren;
Children’s wishes and views;
The age, stage and development of the child/ren;
Special needs of the child/ren including any medical, learning, developmental and/or psychological needs;
Education and educational needs of the child/ren;
Cultural needs of the child/ren;
Safety needs of the child/ren;
Practical planning considerations regarding the transport, living arrangements and expenses for the child/ren;
Suggestions and recommendations from child development professionals;
Financial responsibilities of each parent that are outside the scope of child support such as extra-curricular activities, additional uniforms and medical treatments involving out of pocket expenses such as dental, orthodontic and optical.
Strategies for minimising and resolving conflict that may occur between the separated parents or guardians to the plan.
Is a Parenting Plan legally binding?
A parenting plan is not legally binding.
Can I make our Parenting Plan legally binding?
If you would like to make a parenting plan legally binding, you can apply for consent orders which means both parties agree and consent to parenting orders being made.
If you and the other parent or guardian do not agree and want to make an application for parenting orders to the Family Court and Federal Magistrates Court of Australia (FCFCOA), you need to attend Family Dispute Resolution (FDR) prior to making an application with the Court.
If you have further questions about a parenting plan one of our family lawyers would be more than happy to have a free 20 minute phone consultation with you. Simply fill in an online enquiry form and one of our family lawyers will arrange to give you a call.
You may have heard about the merging of the Family Court and Federal Circuit Court of Australia (FCFCOA) on the first of September 2021, but many are wondering what this means for them as individuals utilising Family Court services.
Essentially the merging of the Courts means that there is now a streamlined single-entry point for Family Court proceedings, with a goal to making processes quicker and easier to navigate. With the merging of the Courts came the introduction of new rules that applied to all proceedings from the 1st of September 2021.
A National Assessment Team has been created to triage and assess matters and allocate them appropriately to any relevant specialist list for example the National Contravention List, the PPP500 List or the Evatt List.
Most useful to applicants, however, is the new Central Practice Direction that provides guidelines for the Court’s case management system. The Central Practice Direction aims to provide a consistent National approach to managing FCFCOA proceedings and ensure that unnecessary costs and delays are kept to a minimum. You can read the Central Practice Direction by going to https://www.fcfcoa.gov.au/fl/pd/fam-cpd
While Family Dispute Resolution (FDR) has been encouraged by the family law system over the past decade, the new FCFCOA emphasises FDR in its case management process. By encouraging FDR more strongly, it is hoped that parties’ identify and resolve issues in conflict independently and without the assistance of the Court. Prior to commencing proceedings in the FCFCOA, for example, parties must attend FDR for financial and/or parenting matters and make a genuine effort to resolve the issues in dispute unless it is unsafe for either party to attend FDR. Failure to attend FDR or genuinely take steps to resolve issues, can result in consequences such as orders for costs being made against a party.
If you have a question about your own situation, feel free to ask your question by joining our facebook group Lunch with a Lawyer or contacting us for a free 20 minute consultation.
While many States in Australia adjust to rapidly increasing rates of Omicron, many parents are feeling concerned about how to ensure their children’s safety. With minimal restrictions in place and vaccinations now available for children, it can be difficult for parents to know what is best for their children. Separated parents are navigating uncharted territory as they try to agree on social distancing protocols, childcare attendance and having their children vaccinated. When separated parents disagree on issues such as these, it can result in tension and conflict and negatively impact the co-parenting relationship. Disagreeing parents have a number of options available to them to resolve their conflict.
Seek Family Dispute Resolution
The first step is to seek family dispute resolution (FDR) with an accredited family dispute resolution practitioner. With many FDR services now providing online services, accessing mediation is easier and safer than ever.
If, however, separated parents simply cannot reach agreement, there are a few legal concepts to consider. According to Family Law, separated parents each have shared ‘parental responsibility’ unless the Court determines otherwise. This means that parents are to consult each other before making major decisions that impact upon their children such as medical treatment and education. Similarly, each parent has responsibility to make day-to-day decisions when their children are in their care.
For those with existing parenting orders
For parents who have parenting orders in place, the spending time arrangements set out in the orders should be adhered to unless both parents mutually agree to vary the orders. Circumstances have arisen however since COVID19 where sometimes the provisions of parenting orders are frustrated and unable to be followed due to circumstances outside the parents control.
Examples of parenting arrangements frustrated by COVID19
Parents with a positive COVID19 test result, for example, have been unable to meet changeover arrangements. Other situations have seen one parent withhold children from the other parent due to concerns about underlying health conditions in the child that make them more susceptible to the harmful risks of COVID19 particularly if the other parent is unvaccinated or working in a high risk occupation.
If circumstances such as these were contested, the Court would consider whether in the specific circumstances there was a reasonable excuse for not adhering to the parenting order. Ideally, parents discuss their concerns and issues either at FDR or independently and reach mutually agreeable alternative arrangements.
It is important to remember that COVID19 presents new challenges for the family law system and separated parents. There are heightened levels of anxiety and uncertainty among families and it is helpful to be mindful of the impact the current COVID19 situation is having on people’s mental health. Approach disagreements with compassion and empathy and attempt to reach resolutions, writing any agreed changes to current parenting arrangements and seeking family law advice when you need it. Contact us today if you require any advice specific to your situation.
This post focuses on strategies to maintain safety before you or a loved one leave an abusive relationship. If you or a loved one have experienced domestic violence but have left the relationship, please read this post for more relevant safety strategies.
Why don’t they just leave?
Deciding to leave a domestic and family violence relationship is often an extremely difficult and personal decision to make, and it will often take several attempts to leave before the separation is permanent.
Many survivors of abuse feel a range of emotions when leaving which can include relief but also grief and loss about the relationship ending. An abusive relationship can impact on a survivor’s emotional wellbeing, including a loss of self-confidence and feeling like they are at fault for the abuse.
Never the fault of the survivor
Domestic and family violence is never acceptable nor ever the fault of the survivor. It is the choice of the person using violence to engage in behaviours designed to intimidate and control their partner and children. This can include the use of physical, emotional, financial, sexual and verbally abusive behaviours designed to create an environment of power, fear and coercion.
It is the responsibility of the person using violence to become aware of their patterns of abuse and take ownership and accountability for how their actions have impacted the safety and wellbeing of their partner and children.
Strategies to keep you safe when planning to leave a domestic violence relationship
There are many things that a survivor can do if they are planning on leaving an abusive relationship that will help to maintain their safety and wellbeing during the separation process. This includes the creation of a safety plan. A specialist domestic and family violence service can help survivors create this plan and also provide information, support and referrals if needed.
What is a safety plan?
A safety plan is a personalised set of actions that the survivor and their children can take to keep themselves safe from the person using violence.
A safety plan can be reviewed and updated as the situation changes.
The survivor may choose to share their safety plan with trusted family, friends or support services who can be there to provide additional help if needed.
Before leaving the relationship
Safety plan actions to consider while still in the relationship include:
Identifying the best way to leave the house quickly if feeling unsafe. Or if it is not possible to exit the house, identifying the safest room in the house to go to. Often this will be a room with a lockable door.
Keeping items such as car keys, phone (kept charged) and purse/wallet in a place that is in easy reach if needing to leave quickly.
Identifying places to go and stay in the short-term if needing to leave the house. This might be to go to a neighbour or family/ friend’s home.
Teaching children how to call 000 and how to state their name and address for help.
Coming up with a code word that you can use with your children, family or friends to signal that help is needed and to call 000.
Letting trusted neighbours know about the situation and to call 000 if they see or hear any abuse.
Being mindful to delete any internet search history or call logs around domestic violence information, separation or support services.
Pack a bag
An additional step is to prepare a bag with important items that is easy to access. This might be kept at a friend’s house or work and include:
A change of clothes for all family members leaving
Any medication and scripts
Money
Copies of house keys or car keys
Devices such as mobile phone or laptop
ID documents such as birth certificates, marriage certificates, drivers licence, citizenship certificates, passport, visa and work permits.
Medicare and Centrelink cards
Domestic Violence Orders
Other important documentation – rental agreements, mortgage and loan agreements, business paperwork, insurance documents, financial statements, bills and accounts information
Photos or other sentimental items
Children’s items – such as a favourite toy or blankie
Any evidence of abuse – medical records, police incident reports, personal journals
About the author – Renee Craft
Renee Craft is an experienced family support practitioner having worked in the areas of family dispute resolution, child protection and domestic and family violence. Renee currently works for Save the Children Australia as Team Leader for Refuge and Technical Development, overseeing a dedicated team providing support to women and children at Gareema Refuge. Renee has worked in various leadership roles in the DFV sector, including working with people choosing to use violence and regional service-system governance and coordination.
Renee is a strong advocate for improved service collaboration to provide holistic survivor-led interventions and support to enhance the safety and wellbeing of families whilst finding pathways of accountability for the person using violence. Renee believes that central to achieving this outcome is listening to the voices of children with intentional, child-inclusive practice that recognises their unique experiences, wishes and needs.
Christmas is a happy time of year but for families experiencing family law issues, it can be lonely, stressful and confusing. Financial strain, navigating parenting arrangements and adjusting to a new way of living can make it difficult. It is not uncommon to experience anxiety and grief during the festive season and it is important to know you are not alone.
With many services closing over the Christmas and New Year period, it is hard to know where support is available. It is important, however, to reach out for support so we have compiled a a list of services offering support during December and January;
Separation – after leaving a domestic violence relationship
Separation is a time to review and update the safety plan, including discussing any changes with children if appropriate. If you have not yet left the relationship, read this post for more relevant information.
Actions to consider include:
Informing trusted family, friends, neighbours and work colleagues of the separation and keeping them aware of plans or movements.
Informing children’s school or childcare of the separation and provide a copy of the DVO or any Parenting Orders or parenting plans. Update contacts of people who are authorised to collect the children from care.
Checking mobile phones and other smart devices that location settings and cloud-sharing settings are switched off. Sometimes spyware apps are downloaded on devices that remotely give access to texts, calls, photos and other information on the device. If this is suspected, consider getting a new phone and number.
Checking vehicles for any GPS tracking devices
Changing passwords to email, social media accounts, bank accounts, toll/ public transport accounts, shopping rewards cards, or other online accounts.
Removing the person using violence from any joint accounts or policies such as MyGov, phone bills, insurance policies.
Avoiding posting on social media to keep location and activities confidential
Changing routine and places normally attended where possible.
Changing the locks on the house and installing a security system with cameras.
Facilitating child changeovers in a public place – such as childcare centre or police station.
Avoiding being alone with the person using violence. If needing to communicate about issues related to the children, consider using email or text instead
Asking to be escorted to and from the car when at work
Keeping a diary of any ongoing abuse.
Consideration of applying for a Domestic Violence Order or reporting any breaches to the Police.
Seeking legal advice around parenting and property settlement matters.
Leaving an abusive relationship can be a time of high-risk
Leaving an abusive relationship can be a time of escalated risk for the survivor and children as the person using violence may feel that they are losing power and control over the situation. The person using violence may engage in a number of behaviours designed to regain their control that may make the survivor feel intimidated, fearful, and threatened.
Some of the behaviours may include:
Threatening to harm or kill the survivor and the children.
Threatening to take or withhold the children.
Threatening self-harm or suicide.
Stalking behaviour such as monitoring the survivor’s movements and making excessive attempts to contact via phone, text messages or email.
Destroying or withholding property or assets.
Contacting the survivor’s family or social contacts to obtain information or ‘bad mouth’ them.
High risk of harm indicators
The factors considered particularly high-risk of imminent harm or lethality (homicide) is if the survivor has separated and also experienced the following in the relationship:
Stalking Behaviour
Sexual Violence – e.g Rape or when a person is forced or coerced into engaging in sexual acts against their will or consent.
Non-Lethal Strangulation* – e.g The obstruction of blood vessels and/ or air-flow in the neck resulting in asphyxia (sometimes colloquially referred to as ‘choking’).
*Non-Lethal Strangulation can cause lasting injuries/ health impacts. It is important for the survivor to seek medical attention for assessment if they have experienced non-lethal strangulation.
It is important to listen to the survivor’s story and their perception of their own risk which needs to be taken seriously as they are the experts in their own life and know what they need to keep themselves safe. Survivors should be encouraged to seek help and support from specialist domestic and family violence services who can help safety plan and provide crisis intervention if needed.
Help and support is available
Police
If the survivor and children are in immediate danger, the Police need to be called on 000 for assistance.
DV Connect
There are many specialist DFV services that are available to support survivors including the Domestic and Family Violence Support Line – DVConnect. This service operates 24 hours, 7 days a week.
DVConnect is a free service that can provide information about abuse, safety planning, crisis counselling, referrals and provide emergency transport and accommodation to escape the violence for the whole family, including pets.
Renee Craft is an experienced family support practitioner having worked in the areas of family dispute resolution, child protection and domestic and family violence. Renee currently works for Save the Children Australia as Team Leader for Refuge and Technical Development, overseeing a dedicated team providing support to women and children at Gareema Refuge. Renee has worked in various leadership roles in the DFV sector, including working with people choosing to use violence and regional service-system governance and coordination.
Renee is a strong advocate for improved service collaboration to provide holistic survivor-led interventions and support to enhance the safety and wellbeing of families whilst finding pathways of accountability for the person using violence. Renee believes that central to achieving this outcome is listening to the voices of children with intentional, child-inclusive practice that recognises their unique experiences, wishes and needs.
Whilst many people believe the fair way to divide property between a separated couple is 50/50, there is an established five (5) step process that is used by the Court and followed by practitioners to guide out of Court financial settlements. In some cases, property may be divided 50/50 however this is not always the case, nor is there an assumption of the same.
The five step process in property settlement after separation
In summary, the five (5) steps are as follows:
1. Is it just and equitable?
Determine whether it is just and equitable to alter the existing property interests of the parties. In most circumstances, particularly in longer relationships or those with young children, this step will generally be satisfied.
2. Calculate the assets and liabilities of the parties.
This includes accounting for assets and liabilities in the sole names of the parties, the joint names of the parties together or the joint names of one of the parties and a third party. The types of assets considered are broad and include but are not limited to real property, shares, business interests, motor vehicles and superannuation. The liabilities considered are also broad and include mortgages, personal loans, credit cards, loans from family members and HELP debts.
3. Assess the contributions made to the property and the relationship by each party.
These contributions include initial contributions, special contributions, financial contributions, non-financial contributions, contributions to the role of homemaker and parent and post separation contributions. At this stage of the assessment, entitlements to property settlement are expressed as percentage share to each party.
4. Assess the future needs of the parties
The future needs include their age and state of health, income and earning capacity, care of children and care of any other dependants. At this stage of the assessment, a determination is made as to whether there should be an adjustment made to the existing percentage distribution as determined at step 2 of the process, based on the future needs of the parties.
5. Is it just and equitable in the circumstances?
Assess whether the outcome, as determined in the previous 4 steps, is just and equitable in all the circumstances.
Seek legal advice from one of our experienced family lawyers about the various types of agreements available and which type of agreement would best suit your particular circumstances. A lawyer can advise about which type of agreement (e.g. a binding financial agreement or consent orders) may be easier and more cost effective.
Family violence orders are typically made by Courts under state or territory laws, and they are called different things in different states and territories:
The term family violence order is an umbrella term used to refer to all the different types of orders at a state or territory level.
Although legislation about family violence is state based and there are some differences in terminology, definitions and processes there are many common features of family violence orders.
A Family Violence Order Prohibits Certain Behavior and Provides Protection
A family violence order is an official document issued by the Police or the Court that imposes conditions on behaviour and may restrict contact between people. The specific provisions contained in a family violence orders depend on the individual circumstances of the situation but may include, among other things:
Prohibition of family violence against a family member;
Prohibition of damage of property of a family member;
preventing contact or communication with a family member;
restrictions on going near or to a family members’ home, work place, school or where their children attend school or childcare;
revoking or suspending a weapons approval
Who Can Seek a Family Violence Order
Family violence orders can be initiated by an individual (or their lawyer), or by the Police. Police can apply for a family violence order even if the person to be protected by the order does not agree.
How long does a Family Violence Order Last
There are two types of family violence orders, interim family violence orders and final family violence orders. An interim family violence order is a temporary order made by the Court until a final order can be considered. A final family violence order is made for a defined period of time, which varies according to state or territory, but can be anywhere from 12 months to 5 years. An application can be made to extend or vary the length of a family violence order in certain circumstances.
Will a Family Violence Order give the respondent a criminal history?
A family violence order is not a criminal charge, it is a civil court order and it won’t appear on the Respondent’s criminal history. If however a Respondent breaches the terms of a family violence order this constitutes a criminal offence. Breaching a family violence order is a serious criminal offence and the penalties can include imprisonment.
Does a DVO mean your relationship has to end?
A family violence order does not automatically end a relationship between the protected person and the Respondent or stop them from living together, unless the family violence order states that the Respondent is to have no contact with the protected person. Sometimes couples do want to stay together, but a protection order is necessary to ensure safety. Safety should always be considered first.
Get legal advice
It is always best to get legal advice when you need help with a family violence order. Our experienced lawyers offer a free 20 minute consultation, you can contact us here or on (07) 3548 5890.
Help is available and you never have to do this alone.
If you need urgent help, call the police on 000.
If you need housing in a women’s refuge, call 1800 811 811.
So you have progressed your matter past the first court appearance and you are told that you have to attend an Interim Hearing or a Final Hearing… what does this actually mean? Legal jargon can sometimes feel like a different language and the Courts can feel like a different planet.
To help makes sense of it, the team at New Way Lawyers are going to break it down and share key information about Interim and Final Hearings.
Interim Hearing in the Federal Circuit and Family Court of Australia
An Interim Hearing usually occurs when two parties cannot agree on parenting or property arrangements. The Court makes an order before the final decision is made (an interim order). The Interim order is a temporary order and stays in place until a final decision is made by the Court or agreement reached by the parties.
What do you need to do before a family law Interim hearing?
If your matter has been listed for an Interim Hearing, the Court will most likely have told you what documents you need to file. It is important to comply with timelines for filing documents, otherwise your matter may be delayed (adjourned) or the Judge may grant the orders the other party is seeking. Failing to follow directions given by the Judge can also sometimes result in a ‘costs order’ being made, requiring you to pay money to the other party or their solicitor to cover their costs.
An interim hearing is generally heard ‘on the papers’ which means the Judge will make a decision after reading the documents that have been filed. It is rare for witnesses to be called or cross examined during interim hearings.
Final Orders in the Federal Circuit and Family Court of Australia
A Final Hearing is a formal court hearing where all documents are presented to the Court. In addition, witnesses are called and cross examined. The Court considers all of the evidence before making a final decision. There can be a significant length of time, often 1-3 years, between when court proceedings are commenced and a final hearing being set.
How can you prepare for a final hearing in the Federal Circuit and Family Court of Australia?
Preparing for final hearing is a vey involved and time intense process. Prior to the final hearing the Judge will make trial directions, which set all the steps that the parties need to take prior to the final hearing. This will include what additional documents needs to be filed, what further disclosure needs to be exchanged between the parties and arrangements for the payment of court fees. It is at this point that a barrister will often become involved in preparing the matter for final hearing.
It is important to be prepared for your final hearing by having all of your documents with you. A good tip is to remember to call the Judge, ‘Your Honour’ and present yourself appropriately as the final hearing is formal.
Can you appeal a final order?
After final orders have been made people often wonder if the orders are able to be changed.
If final orders were made by a Judge at final hearing the orders may be able to be appealed. The grounds for appealing final orders include that an error of law or an error of fact was made by a Judge who was presiding over the final hearing. An appeal must be on the basis of one of these valid grounds, it is not possible to appeal simply if the outcome is different to what a party was hoping for or not as favourable as expected.
There may be circumstances following the making of final orders where a significant change in circumstance has arisen, which was not contemplated by the final orders. This change in circumstances may give rise to the ability for an application to be made to the Court to change or vary the final orders. It is important to obtain legal advice if you wish to make an application to vary final orders as it is necessary for a threshold test to be satisfied before the Court will consider the actual application to vary. This threshold test is known as the Rice and Asplund test.
At any point after the making of final orders the parties can agree between themselves to vary or change the orders but both parties must agree, changes are not able to be unilaterally made by just one party.
Call us today on (07) 3548 5868 if you would like a free 20 minute consultation with one of our experienced family lawyers.
When you first start navigating the family law system, it can feel like trying to navigate a map in another language. The forms, process, time frames and the terminology can all feel bamboozling!
Let’s make it simple and explain some of the key steps involved in family law processes.
The Federal Circuit Court and Family Court of Australia overseas family law matters. It has two divisions, division 2 is where all applications are made and division 1 hears all referred complex cases and appeals. Proceedings can only be filed in the Court if all pre-action procedures have been adhered to including engaging in dispute resolution.
Main types of court dates in the Federal Circuit Court and Family Court of Australia
There are four main types of court datesin the FCCFCA and they are;
First Court Event
Direction Hearings or Mentions
Interim Hearings
Final Hearings
First Court Event in the Federal Circuit Court and Family Court of Australia
The first court event is a procedural hearing conducted by a Judicial Registrar 1-2 months after filing. In this hearing the Judicial Registrar hears from the parties about what steps need to be taken to prepare the matter for the next stages of the Court process and makes orders and directions regarding the same (such as attending dispute resolution, collecting valuations, export reports or disclosure, attendance to an event with a Child Court Expert or attendance to a relevant program). The Judicial Registrar can also make interim financial or parenting orders.
Direction Hearings / Mentions in the Federal Circuit Court and Family Court of Australia
Direction Hearings or Mentions are brief Court appearances where the Judge, Senior Judicial Registrar or a Judicial Registrar makes orders for the next steps that need to be taken to progress and resolve the matter. For example, dispute resolution, financial valuations, disclosure or family therapy may be ordered.
Sometimes there is more than one Direction Hearing and as these are focused on determining the next steps for progressing the matter, there generally won’t be an opportunity for the actual issues in dispute to be decided or determined.
How long after filing an application will a matter be heard in the Federal Circuit Court?
Usually, the first court date will be held 4- 8weeks after the applicant (the person making the application) has filed their application with the Court. An application can be filed either in person at the Court registry or online. If you file in-person, registry staff will write the date, time and location of your first Court date on your application. If an application is filed electronically, a range of available dates will be indicated and the Applicant will choose one of the available dates.
If you are the respondent to an application in the Federal Circuit Court, when do you find out hearing dates?
If you are the respondent (the person who has not made the application but is responding to an application), you will be notified of the date, time and location of the first Court Date when you are served with the application.
Book a free 20 minute consultation with one of our experienced family lawyers and we can help you make sense of these complex processes in light of your matter today on (07) 3548 5868.
With the establishment of the Family Law Act 1975, the concept of no-fault divorce was introduced for the first time in Australia. It is no longer necessary to show wrongdoing on the part of one party to the marriage and the Court is no longer concerned with the reasons for the breakdown of a marriage. The only criteria necessary for a valid application for divorce is for parties to establish that there has been an irretrievable breakdown of marriage, evidenced by a twelve-month separation preceding the filing of an Application for Divorce.
Benefits of the no-fault divorce concept
This concept was introduced to reduce conflict and minimise hostility between the parties, to simplify the process and to make divorce more cost effective for parties’.
Fault elements such as domestic violence may still be important when it comes to parenting arrangements.
How to file an application for Divorce in Australia
Along with a whole host of changes arising from the COVID-19 pandemic, all applications for divorce can now only be filed electronically.
An application for divorce can be a sole application or a joint application.
Service of the Application for Divorce
In a sole application for divorce, the Applicant must serve the Respondent with the application for divorce and supporting documents. The Court must be satisfied that the Respondent is aware of the application and has had an opportunity to respond to the application. If the Respondent resides in Australia, the Respondent must be served all documents at least 28 days before the hearing day. If the respondent does not reside in Australia, the Respondent must be served the documents at least 42 days before the hearing.
Ground to oppose a Divorce
There are very limited grounds to oppose a divorce. Given that the basis for a divorce is the irretrievable breakdown of marriage, the only way to oppose an application for divorce is to establish that the marriage has not broken down. You must prove either that you have not yet been separated for twelve months or that there is a chance you will get back together.
Separation Under One Roof
If you have been separated but living under the same roof, which is often due to financial reasons, you will need to prove to the court that the separation is genuine and that it has been for at least 12 months. In this case, you will have to provide extra information to the Court as proof of the separation.
Children
If there are children of the marriage who are under the age of 18 years, the court will only make an order for divorce once satisfied that proper arrangements have been made for the care and welfare of the children. These arrangements do not have to be formalised pursuant to a parenting plan or parenting orders. The arrangements can be pursuant to an informal arrangement.
Attendance at Divorce Hearing
For a joint application – attendance is not required;
For a sole application if there are no children of the marriage – attendance is not required;
For a sole application if there are children of the marriage under the ages of 18 years – attendance is required.
In the following circumstances, attendance is recommended:
separation under the same roof
married for less than two years, or
if there has been a change in circumstances since the Application was filed
when the Respondent files a Response
When will the divorce order take effect?
A divorce order becomes final and takes effect one month and one day after the date the Order is made.
Posting relocations are difficult for Australian Defence families at the best of times, but even more so when the move occurs following separation and there are parenting arrangements to consider. Emotions are often intensified and feelings of uncertainty can arise for children and parents alike. Our experienced family lawyers have helped many Defence families with questions about family law and posting relocations. Set out below is some general information that may be helpful to families who find themselves in this situation.
For those newly separated in the Australian Army, Navy or Air Force
there are four approaches parents can take to parenting arrangements after separation. These are a verbal agreement, parenting plan, consent order or parenting order. To determine which might be best for you, take this simple quiz.
Is there separate rules for those in defence?
There are no separate rules for parenting arrangements when it comes to Australian defence relocation or deployment matters. The relevant objects and principles set out in the Family Law Act 1975 (Cth) guide the court, with the child’s best interests as the primary consideration.
What sort of orders can the court make?
The court has the ability to make broad orders including permitting a child to locate ‘wherever’ the parent in question was posted by the ADF, so long as this was in Australia. Two relevant recent cases on this matter are Wendland & Wendland [2017] FamCAFC 244 and Osmond & Brand [2019] FCCA 1696.
For those with a parenting plan in place
If you and your ex spouse or partner already have a parenting plan in place and there is no urgency involved, then the process can involve:
If the parties agree to the move
When both parents agree to the child/ren relocating with the defence member, a further parenting plan or consent orders can be drafted. The things that should be considered in a parenting arrangement can be found here.
If the other parent doesn’t agree to the move
When there is disagreement between the parents regarding the relocation of the child/ren, then generally mediation is compulsory (there are however some limited exceptions to the requirement for mediation). If an agreement is reached at mediation, then a parenting plan or consent orders can be drafted thereafter. If an agreement is not reached, the parent wanting to relocate may at that point need to seek a parenting order from the Court.
For those with court orders
When there are existing court orders, the parties will need to vary the orders to accommodate the new situation. This can be done by way of a parenting plan or further consent orders if the parties are in full agreement about the new arrangements. .
If the parties have existing orders but they do not agree on the move, then they will generally have to attend mediation first before going to court to seek variation of the orders. If there is no agreement reached at mediation, the parent seeking to relocate may need to make an application to the Court for amended parenting orders. The application would however have to satisfy the Rice v Asplund test. This threshold test is explained here.
Considerations that are relevant to parenting arrangements in Defence relocation / posting matters
It is well established that the best interests of the child include the minimisation of future proceedings and litigation. In light of this, the Court will try to ensure any further orders address the issue of future deployments, even if the details of future postings are unknown at the time the orders are being made.
In light of this, the court may consider whether one parent should have sole parental responsibility rather than an equal shared parental responsibility. The court might also consider whether orders should be made with two alternatives included, one allowing for arrangements that apply when the parents live in close proximity and the other for when the parents are living a long distance apart due to deployment or relocation.
Get expert family law advice early
Defence relocations are complex in nature and the considerations involved in these cases are varied and specific to each family. We highly recommend getting legal advice from expert family lawyers if you or your ex partner/spouse are relocating due to a posting order with the Australian Army, Air Force or Navy.
If you would like to discuss your options or the particulars of your case, phone New Way Lawyers on (07) 3548 5890 or contact us here for a free 20 minute consultation with one of our expert family lawyers. Australia wide consultations are available.
If you are separating from an Australian Defence Force (ADF) member there are avenues of support available from Defence, as you transition out of being a Defence family. Sometimes it can be hard to know what support is available if you are not familiar with ADF policy documents or if your ex partner/spouse has not shared this information with you. Our firm is experienced in Defence family separations and can help you understand the support available if you are an ex-defence partner.
You must be recognised as a dependent for the benefits to apply
Defence support for partners after separating from an Australian Defence Force Member only applies if you are recognised as a dependent. If this is the case, your partner will need to follow these guidelines and advise Defence that the relationship has ended.
If your partner is unwilling to do this you can speak with Defence Families of Australia, Defence Member Family and Support (DMFS) Branch (formally Defence Community Organisation), or a Chaplain to assist with this process.
Living in Defence Housing Australia Service Residences after Separation
Once Defence has been notified of the relationship breakdown and the member has received the recategorisation notice, the ADF member must notify DHA. Defence then gives you 28 days to vacate the property. The member can request an extension if there are children of the relationship and the member will spending time with them.. This request is considered and approved by a senior manager at Toll Transitions.
Moving costs when separating from an Australian defence force member
The Defence Pay and Conditions Manual (PACMAN), outlines in Chapter 6.5 the support to a non-serving member upon separation. Specifically it outlines the situations where a spouse or partner is entitled to moving and associated travel costs. Further information regarding partner assistance following a relationship or marriage breakdown can be found in Chapter 8.11
Toll Transitions will guide the partner through these policies directly and they can be contacted on 1800 819 167.
Open Arms
Open Arms offer free and confidential counselling for veterans and their families. This includes children and ex spouses or ex partners of a serving member where they are co-parenting a child under 18 years of age, or it is within 5 years of the relationship ending.
Open Arms offers a free 24 hour support service that can be accessed by calling 1800 011 046.
Family Law legal advice
Family Law covers topics such as separation, divorce, property settlement, arrangements for children, and domestic and family violence. If you need further guidance on these matters as you journey through separation, we are here to offer our expert family law knowledge in a compassionate and caring way. New Way Lawyer’s has experience representing military personnel and partners of serving members.
What about kids and ADF postings after separation?
If you need assistance during separating from an ADF member, or you are an ADF member yourself that needs family law assistance, please contact one of our expert family lawyers for a free 20 minute consultation today on (07) 3548 5890.
Following separation there are four approaches that parents can take when setting up future parenting arrangements for their children. Determining which approach is best depends on several factors.
How should I structure parenting agreements after separation?
If you are a parent who has recently separated, answer the 3 questions below to find out which approach might be suitable for your family. Read each question and answer A, B, C or D choosing the response that best describes your situation .
The communication between you and your ex is generally:
Very good – we communicate regularly and easily and agree about most parenting matters;
Good – we communicate when required and when we have differences, we work these out;
Poor – we communicate mainly by text or email and struggle to resolve our differences;
Non-existent – we are unable to communicate at all and disagree about everything.
The level of trust between you and your ex is generally:
Very High – we keep our word and uphold our agreements;
High – there have been a few minor issues with agreements not being followed;
Low – there have been times when core agreements have not been followed;
Very Low – there is no agreement to uphold.
Describe your preference regarding the structure for parenting arrangements:
Very Low: flexibility and being able to change arrangements as needed is a high priority;
Low: routine has a place but the ability to make changes to arrangements is more important;
High: routine is important and the ability to make changes should be limited;
Very High: consistency and certainty are very important.
Your results suggest…
Mostly A’s – A verbal agreement may be the suitable arrangement for your family.
Mostly B’s – A parenting plan may be the preferred pathway for your family .
Mostly C’s – A consent order may be the best option for your family.
Mostly D’s – A parenting order made by the court may be what is needed for your family.
What things should I include in my parenting arrangement?
For the things you should include in your parenting arrangement, see the image below and further information can be found here.
The above should in no way be construed as legal advice. If you would like legal advice about parenting arrangements or other family law matters call (07) 3548 5868 for a free 20-minute phone consultation with one of our family lawyers.
The Family Court of Australia and the Federal Circuit Court of Australia have merged. Let’s navigate the family law court merger together with some FAQs:
Q: When did the merger take effect?
AFrom 1 September 2021
Q: What will the new Court be called?
AThe amalgamated new court will be known as Federal Circuit and Family Court of Australia (FCFCA).
Q: What is the reason for this merger?
The main reason for the merger is :-
to reduce costs and delay in family litigation and to encourage proceedings to be conducted in a more calm and civil manner
to facilitate the fair resolution of disputes as quickly, inexpensively, and efficiently as possible
Q: How will delays and backlogs be reduced?
A:The FCFCA will place greater emphasis on encouraging parties to settle their matters, where it is safe to do so through dispute resolution. This means there will be less final hearings and Court events, reducing the Court’s workload.
Q: What protection will be afforded to children?
A:The FCFCA will place emphasis on the need to protect the rights of children, promote their welfare and protect them from family violence.
Q: Will there only be one Court after the family law court merger?
AThere will be one court, but two divisions of that court. The Family Court of Australia will become the Federal Circuit Court and Family Court of Australia (Division 1). The Federal Circuit Court of Australia will become the Federal Circuit Court and Family Court of Australia (Division 2).
Q:What is the difference between Division 1 and Division 2?
Essentially, applications will be filed in Division 2 and appeals will be heard in Division 1.
Q:Will the current Court forms still apply?
AYes and no. The FCFCA has streamlined its procedures and new forms are now available on the new FCFCA website. The FCFCA will accept the old forms for a grace period of 90 days from 1 September 2021. After this time, the new forms must be used when applying to the Court.
Q: What is the new FCFCA website address?
A: https://www.fcfcoa.gov.au/
Q: What does this mean for my family law proceedings?
A:You will not be required to do anything if your matter is already in the court system. If your matter was previously in the Family Court of Australia, it will now be listed in Division 1. If your matter was previously in the Federal Circuit Court of Australia, it will now be listed in Division 2.
Q What forms am I required to file if I want to commence a financial or parenting application in Court?
AIf you are filing an application in the new Court, you can look at their website to find a list of the forms you will be required to file in support of that application.
Family Mediation is a cost effective and emotionally supportive process that assists separating couples reach amicable financial, property and parenting arrangements. Sometimes though, you may wonder if an agreement you reached in mediation was the best outcome and whether you should have agreed to it.
Be aware of the emotions that accompany family law mediation
Mediation can be a tumultuous process. Unresolved feelings from the past may surface and fears about the future may also be present. It is important to be kind to yourself while going through mediation and seek counselling support to help you through.
How to feel content with your family mediation agreements
Given mediation can raise a mix of emotions, there are a few simple things you can do to make sure you feel content with an agreement you reach in mediation;
Remember there are no ‘winners.’ Mediators do not make decisions for you or take sides. The aim of the process is for each party to compromise and make agreements that they feel they can comfortably live with.
Stay ‘future focused.’ Try not to dwell on the past or allow your feelings for the other person to hinder your ability to move on and reach agreements.
Get legal advice. It can be beneficial to get legal advice at the following points (1) prior to your first mediation session with your ex-partner, (2) after you and your ex-partner have reached a draft mediated agreement; and (3) once you have a final mediation agreement, to discuss formalising your mediated agreement so it is legally binding . By seeking legal advice at these different times, you can be sure of the implications of what you are agreeing to and what is reasonable in your particular circumstance.
Take advice wisely. Your friends and family love you and they want the best for you. Sometimes, however, they will give you advice that is not helpful or even, correct. It’s important to get the facts from family lawyers, mediators, other professionals and medical specialists.
So what happens if you reached an agreement in a family law mediation that you now regret?
It is important to know that mediated agreements are not binding. The best course of action is to talk to a family lawyer as soon as possible about the mediated agreement. Remember, seeking legal advice, does not automatically mean you have to go to Court or start a litigious process. In fact, you may simply be able to schedule another mediation and discuss outcomes you feel more comfortable with, based on your legal advice.
If you would like to talk to one of our experienced family lawyers about an upcoming mediation, or a mediation agreement that you are now unhappy with, please contact us today for a free 20 minute consultation.
There are several topics that should be included in any post separation parenting arrangement, regardless of whether the parenting arrangement is structured as a verbal arrangement, parenting plan, consent order or court order.
Decision making
A post separation parenting arrangement should outline how major long-term decisions will be made for the children, namely, whether decisions will be made jointly by the parents or whether one parent will make the decisions and then inform the other parent.
Parental communication
Children should not be used as messengers between the parents. Instead parenting arrangements should provide for a standard means of communication between by the parents. Some options include email, text, phone or a communication app. It is also wise for parenting arrangements to include a process for dispute resolution in case an issue arises that cannot be resolved.
Schedules for the children
A schedule setting out how the children spend time with each parent is an essential part of any parenting arrangement. A consistent schedule can be set up to apply through both the school terms and school holidays or there may be different schedules for the school terms and the school holidays. Any schedule that is set up should be age appropriate and promote the children’s best interest.
Special occasions
Any parenting arrangement should include details of how the children will share their time with each parent on special occasions such as birthdays, Christmas Day, Mother’s Day, Father’s Day and other special occasions.
Changeovers and transitions
To avoid disputes and confusion parenting arrangements should cover how the children transition between each household. These arrangements should include the day and time of the changeover, the location of changeovers and consent to other family members or friends facilitating changeover.
Miscellaneous
There are range of other topics that can be included in parenting arrangements such as extracurricular activities, passports and travel,
Finances
Generally, financial support of the children is dealt with separately from parenting arrangements. Parents who have covered details of financial support for the children in parenting arrangements should seek advice from a family lawyer about how to formalise financial support arrangements.
If you need assistance drafting your parenting plan, or advice on parenting arrangements and legalities, call us today on (07) 3548 5890 or contact us here for a free 20 minute consultation with an experienced family lawyer.