Drafting Effective Family Law Affidavits and Case Summaries

on October 25, 2011 by admin

This paper is designed to assist both newly qualified and experienced practitioners in drafting two of the most important documents used in Family Law proceedings.

The emphasis is on development of practical skills to ensure that both Affidavits and Case Summaries are prepared in a way that clearly and efficiently conveys your client’s case to the Court.

The paper deals with such topics as the effective use of the rules of evidence both to ensure the admissibility of your affidavit evidence and how and when to object to your opponent’s written evidence. Also covered are the most effective methods of the presentation of affidavits, annexures, exhibits, chronologies and lists of assets.

Stepparents’ Rights and Responsibilities in Australia

on July 22, 2011 by admin

A court is able to order a stepparent to make child support payments depending upon all the circumstances of the situation including the relationship existing between the step-parent and the child. This responsibility exists regardless of whether the separated step-parent has contact with the child.

A stepparent is free to distribute their estate to anyone they wish under their Will. There is no absolute requirement to include step-children in the Will. This said, the step children may be able to apply to the courts for a family provision order if in the court’s opinion the step-parent fails to give an adequate gift to the step child. This is made more likely if the step-parent has benefited from the estate of the previously deceased natural parent.

A step child who has not been adopted by a stepparent will not be entitled to anything if the stepparent dies intestate (that is, without a will).

A fair share – Negotiating your property settlement

on June 1, 2011 by admin

Most married or de facto couples acquire assets (like real estate and motor vehicles) and liabilities during their relationship. Resolving who gets what can cause conflict and tension when couples separate.

This guide will help you with the process of dividing up your property. The main emphasis is on how Family Dispute Resolution (FDR) can help you through this process.

Whether you have been married or living as a de facto couple, whether you have been living together for many years or only months, separation is a painful and disruptive time.

Finalising arrangements for property (and for children if you have them) can be complex and emotionally draining. While the majority of couples resolve things satisfactorily and move on with their lives, it does take time.

Developing a Long Distance Parenting Plan

on December 29, 2010 by admin

Parents who are considering moving with their children after separation or divorce, and parent’s deciding whether to oppose the children’s move have a lot to think about. Many of the same dilemmas arise when one parent moves away from the community in which the other parent lives with the children.

My ex-partner has taken our children without my permission… What can I do?

on June 1, 2010 by admin

My ex-partner takes the kids without my permission – what should I do?

If you have a Court Order that the children live with you and the children have not been returned, the first thing you need to do is try to talk to the other parent and see if you can reach any agreement about the return of the children. If you can’t speak to the other parent or they refuse to discuss returning the children you can apply to the Court for a Recovery Order.

A Recovery Order is an order from the Court which allows Federal and State Police to return the children to you.

What if I don’t have any Court Orders about the children?

If you do not have a Court Order that the children live with you, you should still try to speak to the other parent and see if you can reach an agreement. If you cannot reach an agreement then you can apply to the Court for a Recovery Order and at the same time you should apply for Parenting Orders.

Parenting Orders are orders made by a court which would usually address who is responsible for making decisions about the children, where the children will live and when they will spend time with both parents. Parenting Orders can be made by a Judge, Federal Magistrate or Local Court Magistrate. It is also possible that you and the other parent can agree on what orders will be in place.

Dealing with Family Law Issues in Preschools and Schools

on April 1, 2010 by admin

DECS has developed guidelines to help preschools and schools deal with family law related issues. These guidelines attempt to balance the obligations and responsibilities of parents with the legal obligations of preschools/schools/staff.

These guidelines are by no means a complete summary of all aspects of the law relating to family relationships but they should cover the majority of situations that will confront staff in their daily activities. All preschools and schools should contact Legislation and Legal Services Unit for particular support.

A service for people with child support problems

on November 1, 2009 by admin

We are a specialist service which is part of Legal Aid NSW. We are not part of the Child Support Agency (CSA) or Centrelink. We can give you independent legal advice.

Our service is completely confidential.

We only provide information about you or your case to other people or organisations (like the CSA or Centrelink) with your permission.

We can help you with things like proof of parentage, working out or changing child support assessments and agreements, CSA decisions, Centrelink requirements about child support, over 18s maintenance, and court proceedings concerning child support legal issues. In certain cases we can assist you to follow up your case with the CSA or by writing to the other parent.

Are you a grandparent? Your legal questions answered

on June 1, 2009 by admin

You may be a grandparent who is caring for or raising your grandchildren.

You may be a grandparent who is concerned about your grandchild’s safety or well-being.

Or you may have been stopped from seeing your grandchildren and would like to know what you can do about it.

This brochure looks at the different laws that can affect children and their grandparents – family law and child care and protection law.

Taking action to obtain child support

on April 7, 2009 by admin

Centrelink may have advised you that your benefits will be reduced unless you take reasonable action to obtain child support from the father of your child. You have been referred to the Child Support Service of Legal Aid NSW for help with this action.