Category Archives: In the Courtroom
Impact of an ‘Order of Protection’
Some protective measures implemented in response to domestic violence accusations may inadvertently encourage false claims. This can happen when individuals seek to gain an upper hand in negotiations during a troubled relationship. Domestic violence is a significant and pervasive issue in Australia, and allegations are taken with the utmost seriousness. However, it’s important to recognize that someone can be accused of domestic violence without having committed any actual violent act. Often, ...
Crisis support available over festive season.
While many of us are guilty of overindulging over the festive season, If you are in the midst of a high conflict separation it may be beneficial to say no to a drink this festive season. It’s important to eat and drink alcohol in moderation as much as possible. What we eat and drink is linked to our mood and both our physical and mental health. We need to mindful of the mental health and wellbeing of ourselves and others...
Children have rights, parents have responsibilities.
It’s a parents responsibility to make decisions according to what will support and promote their child’s best interest. It shouldn’t be a battle between two adults while the child sits in the middle, seen as a prize to be won. Parents can become so absorbed with their own battles that they forget the impacts on their children. Children NEED stability in relationships –They should have stability in thier relationship with mum and with dad, and stability in the relationship between...
No one ever ‘wins’ in the Family Court system.
With court cases draging on for about two years before you see any resolution and costs ranging from $60k – 150k+, there is no surprise that only about 3% of cases actually reach a Final Hearing. The emotional toll durring this whole process can be super stressful and takes a real hit on everyone involved, especially the kids. Parents can easily become so absorbed with their own battles that they overlook the impacts on their children. It’s beneficial that you...
Grandparent’s Rights, Where does the law stand?
In most family dynamics, grandparents hold a cherished and important place in the lives of their grandchildren. Yet, when family dynamics shift due to separation, divorce, or other legal issues, these grandparents may struggle to staying connected. If you are worried about the immediate safety of your grandchild, you should contact the police and your local welfare agency. If you are in a situation where you are being refused access to your grandchild and/or grandchildren your first point of cal...
The Contact / Communication Book
At Lilly Pilly, when communication between parents is difficult, we encourage parents to start communicating with each other through the use of a contact or communication book. Typically the child/ren carry the book in their bag between visits to each parent. It is preferable if it is a medium sized, bound book with numbered pages (pages can tend to go missing). The contact book is about the children with regards to their needs and anything else you think could be relevant....
POP – Parenting Orders Programs
What is a Parenting Orders Program? A Parenting Orders Program is the name of a post separation parenting program under the Family Law Act. It helps separated parents work out arrangements that allow parents and other family members to spend time with the children. Why go to a Parenting Orders Program? Sometimes families who are separated are not able to agree about arrangements for seeing their children and cannot make parenting orders work. Parents may have been to court to...
Parenting Orders – what you need to know
A parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it. A parenting order may deal with one or more of the following: who the child will live with how much time the child will...
The Twelve Golden Rules of Giving Evidence
As many people who are using he centre are unfortunately involved with various Court systems. I thought I would share a list of rules given to me by a very respected Queens Counsel. 1. Listen to the question. This is the first and most obvious rule. You would be surprised how many witnesses don’t 2. If you don’t hear or understand the question, say so. Don’t guess at what the barrister was asking. Don’t be afraid to say “I am sorry,...
The Conservative Approach
Many times parents are requested to participate in supervised contact with their children because Magistrates have not yet heard proper evidence. Whether it be allegations of Family Violence, Abuse, Alcohol, Magistrates will request a conservative approach until proper evidence of these allegations put forward can be heard. Many times both parents will allege actions that the other party may / may-not have done to try and benefit their case. Litigation, if you choose that path in your situa...