FLAST Pty Ltd

FLAST : Family Law Australia Support and Training.


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Following final orders of consent for custody (50/50) and schooling, my estranged wife agreed to all…
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  •  · Thanks Elisabeth (and everyone else). The Stat Dec is a declaration of fact. I agree which is why th…
In family law related cases we see all too often the problem of domestic violence against women and …
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This was a bit surprising as there is an exemption for a s60i if both parties agree. Also the court has wide discretion to apply or dispense with court rules.
It makes no sense that the mother’s lawyer would object to parenting as likely to delay financial proceedings as ultimately parenting will be introduced into proceedings.
(There are always alarms bells when a parent only cares about financial and leaves parenting unresolved)
I suspect the judge didn’t want to hear the matter where parties and their representation don’t know what they are doing.
 
Is the court saying that evidence of the expert who ascertained the views of the children is unchallengeable and the foundation of those views and any conclusions cannot be tested?
This appears to be an issue of procedural fairness.
How does the court know that the views are genuinely held and not subject to parental influence or dictation.
The court perhaps should have afforded natural justice advising the applicant that if the application is held to be without merit that costs under s117 would likely be ordered.
 
If the son has POA and the father has no capacity. The POA would cease to function since only an EPOA or Enduring Guardianship can then function. And both are entirely different beasts
GP's short statement was correctly dismissed however I suggest the case should have been put off until a more qualified evidence was submitted (psychologist or psychiatrist) and order such a report.
The FACT is that this was very disappointing in that the % of long duration and expensive cases are believed to be driven by some by people that have cluster B personality disorders and therefore incapable of rational compromise is well known but not researched. The reason is not known however denial of a person access to the legal system due to a disability may be one reason or perhaps the legal system does not want that exposed and the money pit dry up! The use of litigation rather than therapy results in too much damage to the children and society (except for the law societies).

Former judges and legal support services have expressed their dismay at the "devastating" passage of legislation that will see the Family Court combined with the Federal Circuit Court, with claims survivors of domestic violence could end up "falling through the cracks".

Read the horrific text a bikie sent to his girlfriend that cops DISMISSED because it's 'common for women to make false allegations' - just five days before he bashed the mother to death with a metal fire hydrant

$6 million in legal fees: The high price of getting a divorce in Sydney

Family courts at breaking point as Chief Justice Will Alstergren admits parents face ‘unacceptable delays’

Queensland had the highest crude divorce rate of 2.5 divorces per 1,000 estimated resident population, while the Northern Territory had the lowest of divorce rates in Australia at 1.7 per 1,000 estimated resident population.

Via Simon Mayers 

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This service provides assistance for self-represented litigants to help prepare their draft consent orders and have it reviewed by a current practicing lawyer to ensure the content and form are in compliance with the legislative and regulatory requirements. 

Price includes up to 2 hours of drafting support and 2 hours of review by a legal practitioner with a letter of advice and any recommendations.

CONGRATULATIONS TO VAN BEVEREN LAWYERS - NOMINATED TOP 3 FAMILY LAWYERS IN GEELONG!

Van Beveren Lawyers are thrilled to be included in the Top 3 Family Lawyers in Geelong on Three Best Rated.


"John Van Beveren is the principal lawyer at Van Beveren Lawyers. His particular interest is in providing a compassionate experience of the legal system, particularly family law. John is especially attuned to the needs of small enterprise and startups after running his educational centres and online businesses for over ten years. Van Beveren & Associates is a Geelong-based boutique law firm with a compassionate approach towards their clients who are often dealing with some of the most challenging situations life can serve up. Every day, they help families from Geelong and the Surf Coast navigate relationship change, planning a will or estate, buying or selling a home, negotiating a mortgage, or appearing in court. Their team are here to help with sound legal advice to ensure you to find your way through successfully."

Congratulations to the team

John Van Beveren Scarlett Kennedy Akasha Rose 🌈 Roxanne Van Beveren Danny Jovica

    #familylaw

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