Family law deals with a broad range of legal matters that impact family relationships, including divorce and separation, child custody and parenting arrangements, spousal maintenance, and property settlement.
As accredited specialist family lawyers, we focus on helping you to resolve your family disputes, reach agreements without going to court and move forward with your life in a positive and practical way.
We specialise in Family Dispute Resolution (FDR) and mediation, offer collaborative law services, and make every effort practical to resolve your family dispute out of court.
We have over 35 years’ experience guiding people through separation and divorce and resolving family issues in the best possible way.
If court proceedings are necessary, we have a deep understanding of laws and processes required and the many intricacies and issues that must be navigated to ensure you receive exceptional advocacy and representation.
Getting Interim Orders in your Family Law matter
Family law matters in court can take up to 3 years or longer to reach a final hearing. This is obviously inconvenient, but for some parties these delays cause significant hardship and grief. In such cases, we may help you to apply for interim orders.
Interim orders are urgent orders sought as a temporary or partial solution to a separated couples’ family law matter. They may concern parenting matters, or property matters for example, a provisional determination about which party may continue to occupy the former matrimonial home.
In some cases, an application for interim orders for a part property settlement may be warranted. If successful, funds from the asset pool are ‘advanced’ to the applicant and subsequently taken into account and deducted from the final settlement.
In family law parenting cases, interim hearings may be used to obtain orders related to the care and welfare of the children, such as:
- drug testing;
- recovery orders;
- restraints on certain behaviours;
- the appointment of an Independent Children’s Lawyer.
- who the children of the relationship will reside with.
Addressing Family Violence
Family violence is actual or threatened conduct by a family member towards another family member or property, that causes a person to be fearful or anxious about his or her safety or wellbeing. Children who witness these acts are exposed to family violence.
Family violence takes several forms, including actual or threatened assault, stalking, derogatory remarks, intentional damage or destruction of property, unreasonable suppression of financial resources, or preventing or depriving a family member of his or her cultural connections or freedom.
The Family Law Act 1975 (Cth) contains provisions aimed specifically at protecting children and family members from violence and abuse. State laws also provide remedies to assist those exposed to violence.
What can I do about Family Violence?
A Family Violence Order is the generic term for an order made under a specific law to protect a person from family violence. The order is made against a person (the ‘defendant’) on the application of another person (the ‘applicant’) who has reasonable cause to fear for his or her safety. The applicant’s children can be included in the order and the application can be made privately, through a lawyer or by a police officer.
If you or your family is in immediate danger you should seek urgent assistance from the Police who can help by applying for a Family Violence Order.
Sometimes, a party fails to carry out an obligation pursuant to a family law matter, for example, the requirement to pay child support, spousal maintenance or a lump sum under Consent Orders or a Financial Agreement. In such cases, the aggrieved party may need to make an Enforcement Application to the Court.
In family law proceedings, in both property and parenting matters, an injunction may be sought to refrain a person from doing something.
In parenting matters, injunctions are typically sought for a child’s or other person’s protection.
In financial matters, a party may refuse to leave the matrimonial home or threaten to dispose of certain property forming part of the parties’ asset pool. In such cases an injunction may be ordered to prevent a person from entering the matrimonial home or to stop a person from dealing with the property.
More specifically, an injunction order in financial matters may prevent a party from:
- selling real estate or using property as security for a loan;
- disposing of assets including shares, investments and superannuation funds;
- transferring business interests;
- engaging in high-risk activities, outside the scope of usual business operations.
To ensure you reach the best possible outcome for your family dispute, we listen and discuss your situation in a private and comfortable atmosphere and provide detailed legal advice so that you understand your rights, entitlements, and obligations.
We understand that family law is a process, and will help you navigate this process, keeping you fully informed of the fees and methods of payment, while ensuring we use our time to your maximum advantage.
If you need any assistance, contact one of our North Sydney family lawyers at [email protected] or call 02 8075 0141 for a no-obligation discussion and for expert family law advice.