See Peter Hooper’s latest case note on the decision of MALDERA & ORBEL [2014] Fam CAFC 135; which defines the role of the objects and principles of the Family Law Act when deciding a parenting matter.
https://hooperandmillfamilylawyers.com.au/resources/case-watch-list/
Peter Hooper accredited family law specialist is a Brisbane Family Lawyer and Director of Hooper Mill Family Lawyers, a family law firm in Brisbane practicing exclusively in Family and Relationship Law.
Separating from a spouse or partner can be a traumatic event and very emotional time.
Legal Practitioners working in this area of law often work in a high pressure environment, having to take immediate steps relating to care of children, home occupancy and assets, whilst taking instructions from clients who are often in a fair bit of emotional pain.
Quite often the pain is extended with the other side continuing to supply untruths relating to their situation.
Combining legal skills with our investigative strength often provides practitioners and their clients with a significant advantage over adversaries.
Generally, investigation will often ensure that you have a wealth of evidence to support your clients application.
Discovering information or evidence through investigation will often induce the other party to settle on your client’s terms, not their terms.
How often do Practitioners suspect that statements made by the other side are untruthful, but do not have the ability to disprove them. In some cases, their own clients can assist with this process, as well as general discovery. A key feature of Investigation however, is that it allows you as Practitioners to test the veracity of the other side’s contentions throughout the proceedings, undermining the other sides confidence and credibility at every opportunity.
Over the last 17 years we have assisted many practitioners with;
Clients usually have a wealth of information about the other side, and any investigation should commence with an analysis of this information.
It can often be dangerous however to allow clients to carry out investigations on their own behalf, such investigations often exposing them to breaches of various legislation and courts later adopting an adverse opinion of them.
The benefit of using a competent investigator is that it will allow you to present the truth, whilst protecting your clients,
Michael Featherstone www.phoenixglobal.com.au
Extract from “What about Me?” Practical ideas on looking after yourself after separation.
“Your children will need to know what is taking place so that they can be reassured about how they are going to fit in their separated family structure.-They need to be told that they will be maintaining their ongoing relationships with both parents.
They are not to be informed of each parent’s story about what has taken place.-This is not the children’s business.-Ideally, parents should tell their children the same story, perhaps that their parents have decided to separate because they are no longer happy living together (or something similar).-You might like to add that everyone will feel a little sad and upset for while.-Older children may request a more detailed explanation.-While it can sometimes be a difficult task, information they are given should never include denigrating comments about the other parent.
More importantly, rather than lengthy explanation regarding why the separation is taking place, children need a lot of reassurance that they will continue to see both their parents, along with reassurance about how their parents will be arranging for this to take place.-They need reassurance that they will continue to be loved by both parents and that their wellbeing will be prioritised.-They also need to be reassured that they did not contribute in any way to their parent’s decision to separate.
By reassuring your children and not involving them in your dispute, you will be protecting their emotional wellbeing.”
Children want greater say in Family Court cases – ABC News (Australian Broadcasting Corporation)
This is a very interesting article.
As was identified in the article, the most common method of ascertaining a child’s view is via the family report process.
A child’s view is a factor in determining the best interests of a child with age and level of maturity being relevant to weight. Further, in my experience often the recollections, opinion and/or attitude of a child is a good indicator of the nature and quality of the relationship of the child with both parents and relevant to the primary factor of the benefit to the child of maintaining a meaningful relationship with both parents. Arguably in the polarised world of family law litigation what the child has to say might often be the most honest account of what is really going on in a house hold.
A family report by an expert is generally considered to be the preferred method of facilitating communication between child and court. In my experience the main reason for this seems to be concern that children need to be shielded from the parental dispute, “systems abuse” may occur if a child is overly or unnecessarily exposed to forensic examination and lawyers are not qualified to engage with children in these types of interactions.
Interestingly when I attended the Independent Children’s Lawyer (“ICL”) course in Brisbane in 2012 it was discussed how infrequently ICL’s took the opportunity to speak with subject children even though the ability exists for them to do so.
Section 60CD(2)(c) provides the court has power, subject to the applicable rules of court, to inform itself of a child’s view by such other means as the court thinks appropriate, which includes the child communicating with the judge.
Children cannot be compelled to have their say but when they wish to do so, and express this strongly, perhaps ICL’s and judges have been unnecessarily gun shy in failing to facilitate the child becoming more involved. The essence of the parenting order process is giving paramountcy to the rights of the child and I wonder if a typical child would be too adversely affected by engaging with a judge (or ICL) as part of the process.
Of course it’s not as if Federal Circuit Court and Family Court judges have plenty of time on their hands to meet with, and hold discussions with children in all matters. The courts exercising jurisdiction under the Family Law Act are busy, and increasingly so. However in appropriate cases, where the necessity for judicial determination is likely, perhaps some greater consideration should be given to a more robust involvement of the subject child in the proceeding.
Peter Hooper – Hooper Mill Family Lawyers – We are family lawyers in Brisbane. Find us searching family lawyers Brisbane; divorce lawyers Brisbane; family lawyer Brisbane; Brisbane family lawyers; family law solicitors Brisbane; divorce lawyer Brisbane; family law lawyers Brisbane; divorce solicitors Brisbane; divorce lawyers in Brisbane; best divorce lawyer Brisbane.
But what if divorced homes weren’t broken at all and children were, in fact, thriving? What if parents were happily living apart and setting a good example to children, who were secure in the knowledge that they are loved and valued by both parents? Read article here
The importance of the father’s role is recognised in the Family Law Act 1975 promoting the rights of children to have meaningful relationship with both parents. Read original article from Kidspot here.
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