It goes without saying that the impact on children of their parent’s separating needs to be managed carefully by the adults around them. Support services such as counselling and family therapy are integral for supporting children at such time. At Frank Law, we have built trusting relationships with counsellors and family therapists who we often refer our clients to for additional emotional support.
Solicitors are not employed to act as ‘postman’ to vent the anger and vitriol of their clients.
The intersection between the privilege against self-incrimination and family law parenting proceedings
It is often the case that an alleged perpetrator of family violence is simultaneously defending criminal charges for the same behaviour.
The long and taxing journey of a family property division is only made worse when you discover (or potentially confirm your suspicion) that your ex-spouse has lost hundreds or thousands of dollars whilst gambling each week. As a result, there are debts on credit cards in both your names and your asset pool may not be as significant as it could otherwise have been. How does the Family Court handle such a complex situation?
Navigating parenting post-separation is a notoriously difficult process. It can be hard to set aside the distrust and fraught emotions that exist between parents whose relationship has fractured. Working out how to make long-term decisions in the best interests of your child after conflict is no easy task. Often, the topic of schooling becomes a point of contention as one parent’s individual hopes for their children’s education may not line up with the other parent’s.
Some people may worry that when they enter into a relationship they will be classified as de facto, which in turn has an impact on whether they may be exposed to a claim for a property settlement or maintenance upon the breakdown of a relationship.
“By biology, or by law, or a combination of both, certain people, take on the right and responsibilities of raising children, and are, or become parents”: Masson v Parsons  FamCA 789, 46.
Recently, the Australian Institute of Family Studies (‘AIFS’) released an Evidence Summary of a study it had conducted in relation to post-separation parenting outcomes. The Evidence Summary provides very interesting statistics regarding family law parenting outcomes that cast some light on the process. While statistics do not always tell the whole truth, they can indicate trends in the family law parenting process that may be helpful when determining the best course of action in your case.
On 1 March 2009, Part VIIIAB was inserted into the Family Law Act 1975 (Cth) (‘the Act’) which provided for Australian de facto couples to have their financial matters dealt with upon the breakdown of their relationship under the Australian family law system. The main effect of the amendments was to the mirror Part VIII of the Act, which covers financial matters between married couples.
The family law system in Australia is constantly evolving and works to recognise and assist adults and children who have suffered family violence. This year, as many as 70% of all family law matters in the Commonwealth court system involve an allegation of family violence. A particular concern of the Courts is to ensure that children who are exposed to or suffer family violence or abuse are protected as much as possible.