What is family dispute mediation?

Family dispute mediation is a type of family dispute resolution where a neutral mediator assists family members in resolving family-related conflicts, fostering communication, and reaching mutually agreeable solutions without going to court.

This is an important resolution method usually recommended by most local family law attorneys, especially in cases concerning children and parenting arrangements. A family dispute lawyer can assist during mediation to improve communication between the client, the mediator, and the other party. They can also provide information about the client’s legal rights and options.

Do I need legal representation in Family Court?

While it is not mandatory, having legal representation from family court lawyers can significantly benefit you by ensuring your rights are protected and you have expert guidance throughout the proceedings.

How can I obtain a Family Violence Intervention Order (FVIO)?

To obtain an FVIO, you can apply through the Magistrates’ Court. Our family law lawyers can guide you through the process, helping you understand your rights and the necessary steps.

How is parental responsibility determined?

Parenting arrangements are determined based on the best interests of the child, considering factors like the child’s age, relationship with each parent, and any history of abuse or neglect.

What are the different types of parenting arrangements?

The Court aims to create a plan that ensures the child’s well-being and access to both parents. Our family lawyers can guide you through navigating the parenting arrangement process based on your circumstances.

What rights do non-custodial parents have?

Non-custodial parents typically have visitation rights, allowing them to spend time with their children. Legal rights may include decision-making authority on important issues.

Can parenting orders be modified?

Parenting orders can be modified if there is a substantial change in circumstances that affects the child’s well-being. It is important to seek legal advice from an experienced family law lawyer before requesting a modification.

Can fathers assume sole responsibility for their children?

Yes, fathers can obtain sole decision-making responsibility for the child if it is in the best interests of the child. Courts consider various factors, including the child’s relationship with each parent and their primary caregiver.

How is paternity established?

Paternity can be established voluntarily through an acknowledgement of paternity or involuntarily through court orders. DNA testing is a common method used to determine biological parentage. Take note that paternity can also be legally contested.

What if one parent wants to relocate with the child?

Relocation cases are complex and require court approval. The Court considers factors like the reason for the move, the child’s relationship with each parent, and the impact on the child’s well-being.

How is child support calculated?

Child support is calculated based on a formula that considers each parent’s income, the number of children, and the parenting arrangement. Parents can negotiate their own child support agreement, but it should still be within reasonable limits.

Legal advice from an experienced family lawyer is recommended to ensure fairness and compliance with legal standards.

What happens if a parent fails to pay child support?

Non-payment of child support can lead to legal consequences, including enforcement actions such as wage garnishment, suspension of licenses, or court orders to comply.

Can child support orders be modified?

Child support orders can be modified if there is a significant change in circumstances, such as a change in income or the child’s needs. Discuss with a family law attorney before seeking modifications to ensure the changes are in the best interest of the children and that they comply with the law.

How can a Family Violence Intervention Order (FVIO) protect my child?

An FVIO can provide immediate protection by restricting the alleged abuser’s contact with the child. It may also include provisions for safe visitation arrangements if needed. If you suspect child abuse or neglect, it is crucial to report it to the relevant authorities immediately.

What is the role of child protective services in family law matters?

Child protective services investigate allegations of abuse or neglect, and their findings can influence family law decisions. In extreme cases, they may recommend the removal of the child from an unsafe environment.

Our family law lawyers in Melbourne can help provide the necessary support, guidance, and legal advice if your child has been removed by child protective services.

What factors are considered in divorce property settlements?

Property settlements in divorce consider various factors, including the financial contributions of each party, non-financial contributions (such as homemaking and child-rearing), future needs, and the overall value of the assets and liabilities involved.

Mediation or court intervention may be required for complex cases. Our family lawyers in Melbourne can provide detailed guidance tailored to your specific situation, ensuring your rights and assets are safeguarded.

What rights do I have to financial support after a divorce?

Spousal maintenance may be awarded based on factors such as financial need, the capacity of the paying spouse to provide support, and any special circumstances.

Are de facto couples entitled to property settlements?

Yes, de facto couples have similar property settlement rights as married couples. The court assesses financial contributions, non-financial contributions, and future needs when determining a fair division.

What is a Binding Financial Agreement (BFA)?

A BFA is a legally binding document that outlines how assets, liabilities, and financial resources will be divided between parties in the event of a relationship breakdown. It can cover both married and de facto couples.

Our local family practice lawyers have years of experience and expertise in crafting BFAs and negotiating terms that are in your favour.

Can a BFA be set aside by the court?

Yes, under certain circumstances, a court can set aside a BFA. Common reasons include fraud, duress, unconscionable conduct, or a significant change in circumstances.

What is a prenuptial agreement?

A prenuptial agreement, often called a “prenup”, is a legally binding contract entered into before marriage, outlining the financial rights and responsibilities of each party in the event of divorce or death.

A prenup can also be contested under certain circumstances. Our family dispute lawyers are experienced in challenging or defending a prenup as needed.

How does a postnuptial agreement differ from a prenup?

While both serve similar purposes, a postnuptial agreement is entered into after marriage. It addresses financial matters, property division, and support in the event of divorce or death.

A postnuptial agreement can be modified, but both parties must agree to the changes and a Court approval may be required, depending on the jurisdiction.