In September 2021, the Federal Circuit Court and the Family Court merged to create the FCFCOA.
With that merger brought a stronger focus on pre-action procedures. These are the steps that families should take before they even consider bringing an application in court.
While there are still exemptions if you are the victim of family violence, children are at risk of harm or the matter is urgent. There is a clear pathway towards mediation and resolution outside of court.
At @coastallawyers we embrace every opportunity to keep our clients out of court and we think that the whole process of mediation just makes sense for families. It is inclusive. It is collaborative. It is much more cost effective. The parties remain in control and it is future focussed.
If you have recently separated, then why not book in a 1 hour Strategy Session @coastallawyers for $330 and we can discuss how the pre-action procedures apply to your family.
As of 1 July 2022 we also offer fixed fees for family law matters including legally assisted mediation and consent orders. * * * #centralcoastnsw #gosford #terrigal #wamberal #coast #localbusiness #lawyer #smallbusiness #lawyerlife #mumlife #centralcoast #coasties
Thank you so much to Adam Crouch MP @adamcrouchmp for a wonderful afternoon celebrating the Terrigal Women of the Year Nominees.
Our founder Kristal Naividi was absolutely blown away to be a nominee amongst an incredible bunch of Central Coast women who are achieving incredible things for our community.
And to the winner @lovelikegabe. You are absolutely incredible. Thank you for sharing the story of your beautiful son. We look forward to being able to support you in spreading the word about your incredible charity.
One of the more common enquiries received at Coastal Lawyers is about children’s views.
Parents often want to know, how children’s views taken into account in a family law matter and another common question is how old does a child have to be before their views are taken into account?
We explore the views of the children in family law matters below.
Best Interests of the Child is always the starting point.
In a family law matter concerning children the paramount consideration of the Court is the best interests of the child.[1]
In determining this, s 60CC(2) of the Family Law Act 1975 (Cth)[2] requires the Court to consider two things:
1. The benefit to the child of having a meaningful relationship with both of the child’s parents[3] and
2. The need to protect the child from physical or psychological harm from being subjected to, or exposed to abuse, neglect or family violence.[4]
Section 60CC of the Family Law Act 1975 (Cth)[5] provides for many additional considerations, a small example of these are:
Any views expressed by the child and any other factors such as the child’s level of maturity and understanding;[6]
The nature of the relationship that the child has with each of their parents and the extended family;[7] and
The maturity, sex, lifestyle and background of the child.[8]
How old does a child have to be before the court will consider their wishes?
Well there is no set age.
The extent to which they are taken into consideration will depend on the child’s age, level of maturity and level of understanding.
The views of older children are likely to be given more weight than those of the younger children. This is because often with children this age they have a better level of understanding and maturing and can clearly express their views.
Children’s Evidence: Do children give evidence in family law matters?
As a general rule, Children are not called to give evidence in these proceedings,[13].
However, in the rare case where a child is required to give evidence they do so as a vulnerable witness via an Audio-Visual Link (AVL) from another room in the courthouse and are kept out of the courtroom if possible.[21]
How is children’s views obtained if they don’t generally give evidence?
Because there is an exception to the rule against hearsay as stated in s 69ZV of the Family Law Act 1975 (Cth).[20] there are a number of ways that a child’s views or wishes are expressed to the court including:
Through a Family Consultant at a Child Inclusive Conference (CIC). The Family Consultant will then record this in writing and relay it to the court.[14]
The Court may appoint an expert such as a psychologist or psychiatrist who will record the children’s views and relay them to the court.[15]
An Independent Children’s Lawyer (ICL) may be appointed by the court[16] to represent the child’s best interests including conveying their wishes to the court.[17]
A Family Report, s 62G(2) of the Family Law Act 1975 (Cth)[18]
Section 60CD of the Family Law Act 1975 (Cth) states that the Court must consider any view expressed by the child when making its decision.[19]
The Court Orders
The Court will not make orders that in its opinion, are not in the child’s best interest, even if they are the express wishes of the child.[22]
Any wishes of the child that the Court sees as a departure from what is in the children’s best interests will be disregarded.[23]
In this case although the child was 16 years of age the Court did not make orders according to the views expressed by the child via the Court appointed expert. In this case the High Court decided that the views of the child are only one factor to be considered when deciding what is in their best interests.
Here are our top 6 frequently asked questions (FAQs) at Coastal Lawyers. Well the first is ‘where do you find all our memes?” but that’s another post. 😉 ⠀ But the ones related to the work we do as lawyers are by far the following:
What areas of law do you do? ⠀
We represent clients in all aspects of criminal law, traffic law and family law. ⠀
Do you do Legal Aid work?
Yes. We are all on legal aid criminal law panels and also on the family law panel so we can represent eligible Legal Aid clients. ⠀
⠀ Do you offer a free appointment? ⠀
Yes. we offer a free 15-minute discovery call. Confirm how we can help and give you an idea of our fees.
Yes. We offer fixed fees for all criminal law matters. We also offer valued pricing in family law matters.
Where are you located and what courts do you attend? ⠀
We have offices in Gosford but embrace technology and do most of our calls over zoom and telephone. We attend all Central Coast courts including Wyong, Gosford, Belmont, Toronto and Newcastle. ⠀ ⠀ Talking to a lawyer about a criminal law or family law matter doesn’t have to be scary. We offer a completely confidential and judgment-free zone. So book in a chat with a lawyer today⠀ ⠀
If you haven’t already heard of them, Relationships Australia is a community-based, not-for-profit Australian organisation with no religious ties. They focus on relationship support services for individuals, families and communities.
How can they help you ask?
Well, they have some great info on:
What things need to be sorted out during a separation;
What services are available for you to be able to access free information or advice; and
What personal changes occur as a result of separation, including normal emotions and reactions.
They also offer a range of free services that you can access, including:
Family Dispute Resolution services (which is now required for separated couples who aren’t able to agree on issues relative of child contact);
Counselling services; and
Children’s Contact Service.
DO YOU NEED HELP WITH A FAMILY LAW MATTER?
Coastal Lawyers are experienced family lawyers, criminal lawyers and traffic lawyers located on the Central Coast.
Coastal Lawyers offer representation in all Family Court’s and Federal Circuit Courts. Including divorce, parenting, property, child support and maintenance.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information contained in this legal resource is information only. It is not a substitute for your own research and/or legal advice. If you need legal advice, then you can book an obligation-free appointment with Coastal Lawyers online.
