Let the kids decide – What age can a child decide where they live?
Amelia Cox – Family Law Practice Team Leader The solicitors at Brazel Moore Lawyers are often asked “what age can a child decide where they
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Brazel Moore Family Lawyers, Expert Family Lawyers in Gosford, Central Coast are an experienced, friendly and down to earth Family Law team, servicing the legal needs of the Central Coast community since 1981.
A marriage or de facto relationship breakdown can be one of the most stressful times in your life. It is important to have support and guidance from an expert Gosford Family Lawyer who can assist you through the family law process.
At Brazel Moore Family Lawyers our experienced team will advocate on your behalf to attempt to reach an agreement without the need for expensive Court proceedings. Our expert team settles the majority of matters without stepping foot in a Courtroom.
We will always be completely open and frank with you, and will ensure that you are kept fully informed about the progress of your matter.
There are strict time limits (also known as “limitation dates”) that exist in relation to Family Law property matters. Married couples have twelve months from the date of divorce to commence proceedings related to property matters in the Federal Circuit and Family Court of Australia.
De facto couples must commence proceedings related to property within 2 years of the date of separation.
If the above time limits are exceeded, parties must seek special permission of the Federal Circuit and Family Court of Australia to commence proceedings.
The most cost and time effective means of resolving your family law property matter is to reach an agreement with your ex-partner with the help of property settlement lawyers in Central Coast. This agreement can be finalised by the filing of an Application for Consent Orders. Consent Orders document your agreement and are legally binding and enforceable by a Court. Filing Consent Orders also ensures that your ex-partner is unable to make any further claim upon your assets in the future.
The Application for Consent Orders outlines the assets and liabilities of the relationship including superannuation. The purpose of the Application for Consent Orders is to provide the Court with information to allow them to determine if the agreement is “just and equitable”. If you would like to find out more information on how a court will look at the division of your property click here
Couples are often most concerned about how their separation will impact upon their children. Again, the most cost effective and least stressful means of resolving parenting matters is by agreement. In parenting matters, the overarching purpose of the Family Act is to promote the best interests of children. The Family Law Act aims to ensure that children can enjoy a meaningful relationship with both parents and are protected from harm.
If you and your ex-partner cannot agree about parenting your children, you will be required to attend Family Dispute Resolution. The most well-known form of dispute resolution is mediation. Mediation is a structured negotiation process in which an independent person, known as a mediator, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute.
Upon the conclusion of Family Dispute Resolution, a section 60I certificate will be issued. A section 60I certificate is evidence of the parent’s attendance at dispute resolution, whether they made a genuine effort to resolve their dispute and the outcome of the dispute resolution.
Parenting matters can be resolved by way of a Parenting Plan or Consent Orders. A parenting plan is a voluntary agreement that covers the day to day responsibilities of each parent, the practical considerations of the daily life of children and how parents will agree and consult each other in relation to long term issues involving the children. A parenting plan is neither binding nor enforceable by a Court. This means it is flexible and can be changed at any time as long as both parents agree.
Alternatively, Consent Orders are orders made by a Court about parenting arrangements for a child. Consent Orders must be followed by the parents and are legally binding and enforceable by a Court.
Parents can only commence proceedings in the Federal Circuit & Family Court of Australia upon receipt of a section 60I certificate. Urgent parenting matters or cases involving family violence are exempt from the requirement to undergo Family Dispute Resolution. To learn about parenting arrangements , visit https://familylawgosford.com.au/family-law-services/parenting-matters/
You are entitled to make an Application for Divorce twelve months after the date of separation. If you continue to live with your ex-partner, you will need to provide additional evidence to the Federal Circuit & Family Court of Australia to prove your separation. For more information on how to Divorce, visit https://familylawgosford.com.au/family-law-services/divorce/
If you would like to know where you stand in relation to your property matters or parenting matters (formerly referred to as custody), Call Amelia Cox now for a free confidential chat on the phone.
Amelia Cox – Family Law Practice Team Leader The solicitors at Brazel Moore Lawyers are often asked “what age can a child decide where they
Background Our client – a father with a history of substance abuse issues had been spending vey limited time with is 9-year-old son. The father
Background Our client – the de facto wife, had been in a relationship and living with her partner for 4 years. The de facto husband
Amelia Cox – Family Law Team Leader After separation, some couples whether married or de facto, choose to continue to live together in the family
The Backstory Our client, the Husband, was a father of four children from a previous relationship. After their marriage, our client moved into the Wife’s
Have you recently separated and want to finalise a property settlement? Did you know you might be entitled to some of your former partner’s superannuation?
Family Law Gosford are an experienced friendly team of lawyers and solicitors with offices in Gosford and Wyong, servicing the legal needs of the Central Coast community since 1981. Family Law Gosford specialise in divorce, property matters, children matters, defacto relationships, estate planning and financial agreements.