CASE STUDY – SECURING SPEND TIME ARRANGEMENTS BETWEEN A FATHER AND SON

CASE STUDY – SECURING SPEND TIME ARRANGEMENTS BETWEEN A FATHER AND SON

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 had devoted significant time and effort attending rehabilitation and other parenting courses to overcome his substance abuse issues. Our client had not consumed any illicit substances for several years. Despite this, the mother would not allow the child to spend regular substantial and significant time with the father.

In addition to the parenting matter, the mother also commenced property proceedings in the Federal Circuit & Family Court of Australia. The mother was seeking Orders that she receive more than half of the equity in the father’s home. This was despite the mother having made no direct financial contribution to the purchase, maintenance or retention of the property.

The father was experiencing financial difficulty and had incurred several debts. Our client’s matter needed to be resolved as quickly as possible so that he could consolidate his debts and get his finances back on track.

Issues:

The main issues in this case were:

  1. The limited time the father was spending with his son despite having overcome his drug issues;
  2. The entitlement of the mother to a portion of the equity in the father’s home; and
  3. Time constraints – the matter needed to be resolved quickly to allow the father to consolidate his debts and prevent legal action being taken by his debtors.

What we did:

The matter had been listed for a Final Hearing. Aware of the time constraints of the father, we worked tirelessly to prepare Court documents whilst also continuing to conduct extensive settlement negotiations.

Ultimately, we were able to arrange a mediation to take place prior to the Final Hearing. Reaching an agreement at Mediation would save our client considerable time and money.

The Outcome:

Brazel Moore Lawyers successfully negotiated a settlement agreement at mediation to resolve all outstanding parenting and property issues. Based upon this agreement the following Orders were made by the Court:

  1. That the parents have equal shared parental responsibility;
  2. That the father spend regular weekday, weekend and school holiday time with his son; and
  3. That the father retain the majority of the property pool which recognized his significant financial contributions.

This was an excellent result for our client, and he was ecstatic to be able to spend Christmas and the school holidays with his son.

By resolving the matter at mediation, our client did not have to attend the Final Hearing. This saved our client many thousands of dollars.

How can we help?

The friendly and skilled Family Law Team at Brazel Moore Lawyers are available to assist you with your parenting and property matters.

If you need advice regarding your family law matter, please contact Brazel Moore Lawyers on 4324 7699.

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