When parenting orders are made by the court under the Family Law Act 1975 the best interests of the child are central to any arrangements. Parents are encouraged to use this principle when trying to negotiate parenting plans. Unless an exemption applies, parties are required to attend family dispute resolution or mediation if possible, prior to beginning legal proceedings.
If you and your former partner can reach an agreement the arrangements can be documented as -
1. A Parenting Plan
2. An Application for Consent Orders and Minute of Consent Orders (endorsed and sealed by the Court).
At CS Family Law we are experienced in property division and settlements and ensuring that you achieve the best settlement that you are entitled to. When dividing property in Family Law, an approach that involves four steps is taken.
1. All assets and debts of the relationship are included to make a property pool (at this stage there is a process of obtaining valuations of assets and disclosure by both parties of all financials, including bank accounts, superannuation and business financials).
2. The contributions of each party, including non financial contributions are regarded.
3. The future needs of each party are taken into account.
4. The court needs to be satisfied that any orders are 'just and equitable'.
The Family Violence and Protection Act 2008 defines family violence very broadly.
The definition includes any behaviour by a person towards a family member that is physically, sexually, emotionally, psychologically or economically abusive, is threatening or coercive or in any way controls or dominates the family member or causes them to feel fear. Behaviour that causes a child to witness the behaviour is included.
An Intervention Order is an Order made by the Magistrates' Court of Victoria. It is a civil order that includes conditions designed to protect a person from family violence.
CS Family Law has advised hundreds of clients in relation to family violence matters. If you have been served with an intervention order we encourage you to contact us for legal advice as soon as possible. If you wish to make an application for an intervention order or want legal advice as to your rights please contact us at the earliest so that we can advise you on the best steps.