Tag: family dispute resolution

In the scenic coastal city of Cairns, Queensland, where lush rainforests meet the crystal-clear waters of the Coral Sea, life unfolds amidst a backdrop of natural beauty. However, even in this idyllic setting, families may encounter challenges that require legal intervention, especially in matters concerning parenting disputes. Family law disputes can be emotionally taxing and legally complex, but with the right guidance and understanding of the legal framework in Cairns, parents can navigate these challenges more effectively. Understanding Family Law...

In Queensland, there are various ways in which separated parents can formalise parenting arrangements. Each method will vary depending on the facts of your individual circumstance and this blog aims to refine the pros and cons of each option. Definitions [caption id="attachment_17814" align="alignright" width="350"] Parenting Arrangements[/caption] Before we begin outlining the different approaches, it is useful to understand the following terms which are central to parenting matters in Queensland: Presumption of equal shared parental responsibility When making a parenting order,...

Child Custody Disputes in Cairns In Cairns, the Family Law Act plays a pivotal role in shaping the resolution process for parents embroiled in disputes over their child's parenting arrangements. A crucial step mandated by this Act is the attendance of mediation for parents who cannot reach an agreement on their own. Before initiating an Application for a parenting Order in the Federal Circuit and Family Court of Australia, they must first obtain a Section 60I Certificate, a prerequisite highlighting...

Family Dispute Resolution The merger of the courts on 1 September 2021 brought with it a shift in how family law cases proceed, with a greater emphasis on dispute resolution both before and during a proceeding, and new rules to facilitate that shift.  See brochures: “Before you file – pre-action procedure for parenting cases” and “Before you file – pre-action procedure for financial cases” In both thee FCFCA and FCWA lawyers must assist their clients to comply with their duty...

Independent Children’s Lawyer (ICL) So your parenting matter is in Court and the Judge has made an Order for an Independent Children’s Lawyer to be appointed in your matter. What is an Independent Children’s Lawyer (ICL) and why has this Order been made? Independent Children’s Lawyers, more commonly referred to as ICL’s are independent separate legal representatives who act on behalf of the child or children who are the subject of the Court proceedings and ensure the best interests of...

Central Practice Direction The Federal Circuit Court of Australia and Family Court of Australia officially merged to form the Federal Circuit and Family Court of Australia (‘FCFCOA’) on 1 September 2021. The FCFCOA subsequently published the Central Practice Direction to detail the new case management pathway. As a practitioner or litigant in family law matters understanding the major structural changes to the system is imperative. Purpose of the Central Practice Direction The purposes of the Central Practice Direction are to...

Did you know that you need to have a mediation certificate before you can commence Court proceedings seeking parenting orders? [caption id="attachment_12266" align="alignright" width="374"] Mediating‌ ‌Parenting‌ ‌Matters[/caption] The mediation certificate is also known as a Section 60I Certificate and is issued by registered family dispute resolution providers in the following circumstances: To confirm both parties attended mediation and made a genuine effort to resolve the dispute;  To confirm both parties attended mediation but one party did not make a genuine...

Joint Collaborative Mediation with a collaborative trained solicitor and psychologist I am an Accredited Family Law Specialist.  Over the many years that I have been in practice I have been involved in all facets of Family Law Brisbane and in all areas of Family Law mediation varying from the basic Legal Aid Conferencing to participating in mediation as a lawyer to clients and in the capacity as a mediator.  I have observed legal professionals acting as mediators and have observed...