Good legal advice can make a huge difference in your family law case
PLEASE NOTE: As at 27 December 2023, this law firm has reduced its services and now ONLY provides legal advice and representation in the areas of Employment Agreements, Legal Waivers and Governance documents.
Going to court for a family law case can cause a lot of anxiety. There are often many emotions involved. Having good legal advice either before you separate from your partner or soon after can make the family law proceedings much less stressful.
Making a plan for your children:
If you have children, it is important to have a plan for where the children will live, when they will spend time with the other parent, how you will make important decisions about things like education and medical treatment and how they will be financially supported after separation. These arrangements should be guided by the paramount principle in the Family Law Act that they should be made in the best interests of the children.
It is ideal if you can work this out directly with the other parent, but following a separation this isn’t always possible. If you can’t agree, we can help. We will communicate with the other parent or their lawyer on your behalf and help come up with an agreement about the care and support of the children.
What happens to your agreement:
Any agreement reached should be recorded in writing. It can be formalised as a Parenting Plan, which is a written agreement that is signed and dated by both parents. You can also have your agreement formalised as Court Orders. This means that they are approved by the Court and are enforceable against the other person if they don’t comply.
What happens if we can’t reach an agreement:
If you can’t reach an agreement the next step is to go to Court.
Before going to Court you must show that you have made a reasonable effort to resolve your issues. This generally involves attending mediation. This can be done through your local Family Relationship Centre or a private mediation service and provides another opportunity to try and reach an agreement. We can assist you throughout the mediation process and help you to document any agreement reached.
If the other parent refuses to participate your mediator will give you a certificate saying that you attempted mediation, which will allow you to go to Court.
The process of going to Court needs a lot of paperwork to be filed. You must prepare an affidavit explaining the history of the relationship and why the Court should make the Orders that you are seeking. At Markus Earl Legal we can help prepare all of your Court documents and explain the Court process to you. We will also keep negotiating with the other parent or their lawyer to try and reach an agreement, but sometimes a Judge will need to make a decision about what will happen.
We are here to help:
If you have any questions about your options or the process, the family law team at Markus Earl Legal are here to guide you through this difficult time.
