Navigating The Family Law System

Presented By Owen Hodge Lawyers

OVERVIEW

1. INTRODUCTION

2. FAMILY LAW ACT

3. WHAT IS A FAMILY CANNOT COME TO A RESOLUTION BY

MEANS OF MEDIATION…?

4. PARENTING ISSUES

5. MISSING CHILD

6. PROPERTY & FINANCE

7. FAMILY VIOLENCE

8. GET THE HELP FROM US

INTRODUCTION

When a family finds themselves at issue with staying together, or dealing with the best interests of their children, the family law system can be of significant assistance by providing guidance in helping a family move forward.

If used wisely, the family court can help to ensure a fair and smooth transition from one family system to a new and equally functional family environment.

FAMILY LAW ACTThe Family Law Act of 1975 governs all of the actions of the Australian Family Law Court. The court is designed to professionally and carefully handle the following areas of need for every family.

Mediation Divorce Separation Parenting

Missing Children

Property & Finance

Court Orders

Family ViolenceChild Dispute

Services

FAMILY LAW ACT

Each of these areas of need are addressed and attended to by the family court system. The court provides the opportunity for families to avoid going to court by using the process of mediation to resolve their personal and financial conflicts.

This process can be less cantankerous and reduce the amount of stress a family experiences during the dissolution of a marriage.

WHAT IF A FAMILY CANNOT COME TO A RESOLUTION BY

MEANS OF MEDIATION …?

If a family cannot come to a resolution by means of mediation, the court is available for facilitating the process of separation, and the eventual distribution of assets, via a final divorce decree.

The issues that will be covered and resolved include the division of marital assets and liabilities, ongoing financial support for spouses and children and child custody and visitation issues.

Parenting issues can also be addressed by the family court system. Often the dissolution of a marriage creates new and unusual circumstances for both parents and children. Issues can arise regarding schedules, parenting styles and grandparent’s rights.

As such, it can be extremely beneficial for an objective party to assist parents in determining a schedule of custody and/or visitation with both parents and grandparents. The creation of a workable schedule that preserves the rights of both parents and promotes the best interests of the children, is beneficial for all involved.

PARENTING ISSUES

Each of these areas of need are addressed and attended to by the family court system. The court provides the opportunity for families to avoid going to court by using the process of mediation to resolve their personal and financial conflicts.

This process can be less cantankerous and reduce the amount of stress a family experiences during the dissolution of a marriage.

MISSING CHILD

PROPERTY & FINANCEIssues of property and finance are a primary concern for the family court.

The court will address the following with both parties;

Spousal Support Child SupportConformance with

all financial obligations

Division of assets Division of debts Superannuation

PROPERTY & FINANCE

When addressing each of these issues the court will take into consideration the full financial picture of the family, the assets each party brought into the marriage, the accrual of joint assets and debts during the marriage and the ongoing future financial obligations of each party.

The information gathered will be used to formulate a fair and accurate agreement for the ongoing financial needs of both parties. The court will then standby the agreements reached and fully enforce the same.

FAMILY VIOLENCELastly, the court will also address any issues or incidents of family violence. While no one wants to see a family in such distress, any form of violence is unacceptable.

The court is readily available to handle any issues of child abuse and personal safety. These issues are resolved by the court in favor of everyone’s physical, psychological and emotional wellbeing.

GET THE HELP FROM US

Because all of these family issues are complex and have far reaching consequences, we at Owen Hodge have recently has acquired a new Family Law Accredited Specialist,

Michael Kissane to assist our clients in navigating the family law system to the very best possible outcome for themselves and their family. Ms. Kissane brings years of experience to our offices and it would be his pleasure, and ours, to assist you in this area of law.

At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your

earliest convenience to schedule a consultation at 1800 780 770.