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Divorce and parenting

Divorce And Parenting. New Considerations For Judges.

Divorce and Parenting – New Considerations For Judges.

If you have a parenting matter in court, some important changes to the legislation may affect you in your divorce proceedings. Unless your parenting case is expected to finalise before 6 May 2024, it’s likely that Judges will take the new laws into effect. Contact us for a free initial consultation.

Divorce and Parenting – What’s New

You may have heard about the s60CC factors. This is a list of factors relevant to the decision judges need to make in Australian divorce matters, specifically in custody and parenting cases. Under the new laws, the list will be shortened. What does this mean to you? It can focus the mind of the judge on fewer, but more relevant issues. It can cost less for an affidavit to be drafted as your lawyer will have possibly fewer topics to address. It can make negotiating an outcome easier, as everyone’s minds are turned to fewer legal factors.

Divorce and Parenting – New Considerations For Judges.

An important change is the removal of the presumption of equal shared parental responsibility. This is likely to impact you if you are a victim of domestic violence, or your children are. It is now less likely that you are faced with the argument that the perpetrator of violence should still have the capacity to make decisions with you jointly about the care of your children.

Divorce and Parenting – Does The Independent Children’s Lawyer Talk To The Children?

If your case has an Independent Children’s Lawyer, there is a new requirement that the lawyer meet children over 5 years old in most cases. Talk to us about the exceptions to the rule.

Divorce And Parenting. Harmful Litigation.

Another rule change which can help you if you are faced with ongoing litigation by a difficult ex-spouse is the power of courts to prevent harmful litigation. You may have heard of the concept of the vengeful or vexatious litigant, someone who may want to use the court’s power to continue to abuse you through ‘systems abuse’. The court will have the power to prevent such court cases being used as a tool for perpetrators of domestic violence (including coercive control).

For any divorce and parenting order issues where you require advice, or a second opinion, please do not hesitate to contact the expert team at Alliance Family Law on 62232400. Our head office is located in Canberra, and we now have offices in both Victoria and NSW.

Additional information on family law, and the court system can be found on the Federal Circuit and Family Court of Australia website

Divorce And Parenting – More About Alliance Family Law.

Our services are based on the principles of good service, understanding your needs and expectations, and acting on feedback and instructions. We look at customer service in every part of our business and are always looking at ways we can improve. This service starts with a recognition that whatever the reason you need a family lawyer, this is likely to be a stressful time. Our goal is to help you get through this period, so you can get on with a normal and happy life – to help you to get a fresh start.

Through careful planning, we work towards the best outcome for you, in light of your particular circumstances. Our approach is to work with you to find out the relevant facts and to approach your particular challenges with an agreed plan, with clearly defined steps. You are completely involved in every decision and every step. You get balanced advice so you make properly informed decisions. We give you clear cost estimates before we start and discuss costs with you at every stage, helping you to remain in control.


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