Whether your marriage or relationship has crumbled, our family law team can offer invaluable help. Separations can be emotionally draining for everyone involved – especially if children are involved.
Our solicitors explain your legal options in an accessible, practical and realistic manner, helping to achieve positive results through negotiations or court proceedings.
Child Custody
Custody refers to the legal and physical relationship between parents and their child, including making decisions regarding health, education, religious upbringing and more. Judges decide what is in the best interests of the child when making custody decisions – this may take into account lifestyle factors, use of drugs or alcohol by either parent and domestic violence among others; plus if an older child requests it.
An experienced Melbourne family family lawyers will assist in clarifying your options and working towards reaching an amicable custody arrangement that serves your child’s best interests. They provide compassionate counsel, answer any questions that arise, explain the process clearly – without resorting to legal jargon; and ensure that your case is settled quickly and fairly.
Parenting Arrangements
In an amicable separation, it may be possible to reach an agreement about arrangements for children without court proceedings. This agreement can take the form of either a parenting plan or consent orders (which are legally binding), each with their own set of advantages and disadvantages; seeking legal advice before choosing which option best fits your circumstances is strongly advised.
Drafting a parenting plan takes into account both parents’ daily needs and those of their child or children, including holidays, special occasions such as birthdays, extracurricular activities, schooling arrangements, communication issues and relocation restrictions. Our priority is always placing the best interests of the child first in any final parenting arrangement.
Courts do not grant orders that put children’s safety at risk or expose them to physical or psychological harm, abuse, neglect or family violence. When one parent wishes to relocate outside their current state or country and this interferes with existing parenting arrangements, specialist legal advice must be sought immediately.
Property Settlements
When contemplating separation, divorce, or property settlement it is essential to seek professional legal advice. Divorces rarely result in an even split; many factors must be taken into account such as valuing both financial and non-financial contributions to the relationship as well as future needs relating to age, health, earning capacity and child care responsibilities.
Australian family law offers a systematic process for dividing assets post-divorce without going to court, usually by way of inheritance and current property ownership or inheritance; liabilities include any debts incurred as well as extravagant gifts that might fall outside this definition; our experienced family lawyers are on hand to guide you through this process and help achieve a fair and equitable result.
Litigation
When legal proceedings become necessary, a family lawyer will provide guidance and support throughout. They can assist with mediation or negotiation where applicable and will carefully consider your circumstances to assess how decisions made now may have an effect on both financial and emotional aspects of life in the future.
If the issue cannot be settled amicably, they will draft legal documents on your behalf and file them at the appropriate courthouse on your behalf, taking care to ensure your rights and children’s best interests are considered at all times.
Melbourne Family Law are committed to their community and actively raise family law awareness through participation in LIV Referral Service and providing education to other professionals. Furthermore, they champion low-cost and pro bono access to justice – such as through free initial telephone consultations, calculators online calculators as well as providing a comprehensive Family Law Library of articles and videos as well as regular Facebook Live videos and e-newsletters – implementing several initiatives towards this end.
