FreedomLaw specialises in all aspects of Family Law. The FreedomLaw Principal is an Accredited Family Law Specialist. It is this specialist focus that ensures we provide expert advice and representation for our clients when they need it most.
Family Law services include:
Dispute Resolution
Divorces
Parenting Arrangements
Child and Spouse Support
Property Settlement
Financial Agreements
Protection Orders
Conveyancing
Wills and Powers of Attorney
Alternative Dispute Resolution
FreedomLaw believes in resolving matters outside of the court room.
Mediation provides both parties with an opportunity to express their views and their position in the matter, with the support of solicitors and a mediator. The end result of mediation is a legally binding document, made by consent of both parties.
The court supports FreedomLaw’s position on alternative dispute resolution and in most cases will require some form of mediation or counselling before a matter is heard at court.
Family Law and The Courts
Contrary to popular belief, family law matters are not only heard in the Family Courts. Many family law matters are heard in the Federal Magistrates Court to alleviate pressure on the Family Court. This is advantageous to the community as this has decreased the waiting periods for matters to be heard before the court.
The primary piece of legislation relied upon in family law in Australia is the Family Law Act 1975. However, this legislation has recently been amended to mirror the changes within society and to accommodate societal expectations and needs.
New Amendments – Shared Care
The Family Law Act was recently amended as of July 2006 as to incorporate the idea of “shared parental responsibility”. Terminology has moved from the traditional vernacular of ‘contact’ and ‘residence’ to a much more appropriate terms of ‘living with’, ‘communicating with’ and ‘spending time with’. This approach was developed to allow the community to understand the law, rather than being overwhelmed with legal lingo.
An order for equal shared parental responsibility imposes an obligation on a court to consider ordering “equal time” or “substantial and significant time”. For a court to order shared care, the court needs to be satisfied that both parents can willingly and easily facilitate a “close relationship” between the child and the other parent. Further, the court must be satisfied that each parent has the ability to fulfil their parental duties.
The court essentially considers the best interests of the child and determines shared care on the basis of significant time with parents, opposed to equality of time.
Community Organisations and Information Suurces
The following organisations provide legal advice, or self help mechanisms for clients in need. These links can often provide the answers you are looking for, which can eliminate unnecessary legal procedures.
Australian Law Online
www.law.gov.au
National Council of Single Mothers and their Children (NCSMC) www.ncsmc.org.au
National Welfare Rights Network
www.welfarerights.org.au/index.html
Family Law Hotline: 1800 050 321
This hotline is a telephone information service providing the community with free Family Law information. Translators are available on this service between the hours of 8am – 8pm Monday through Friday.
Domestic Violence Telephone Service 1800 811 811
Relationships Australia 1300 364 277
Translating and Interpreting Services 131 450
Life Line Mediation Sevrices 131 114
Family Helpline 1800 643 000
Centrelink Family Assistance Office 13 61 50
Women’s Legal and Advocacy Service 07 3392 3177
Women's Legal Service (QLD) 07 3392 0670
Child Safety Service Centre 1800 177 135
Department of Child Safety 1800 811 810
Community Legal Centres
Suncoast Community Legal Services 07 5443 7827
Caloundra Community Legal Centre 07 5491 4511
Penninsula Community Legal Service 07 3284 4543
Caxton Legal Centre 07 3254 1811
Women's Legal Service (QLD) 07 3392 0670