If you’ve recently been charged with a traffic offence, like drink driving, you might have come across something called the Traffic Offenders Program. This program is not just a box-ticking exercise; it’s designed to educate drivers and reduce repeat offences by offering a second chance for people to understand the serious responsibility we all have as road users. Let’s dive into what it is, why you might consider it, and how it can benefit you both personally and in the eyes of the court.
The Traffic Offenders Program (TOP) is a road safety education course designed for people charged with traffic offences in NSW. It’s a series of educational sessions, usually run by community groups, road safety experts, and legal professionals, that aims to inform participants about the risks and consequences of unsafe driving. Covering a range of topics—from the science behind alcohol’s effects to real-life stories from accident survivors—the program helps participants reflect on their behavior and think twice before repeating dangerous driving habits. Many clients who undertake the program have reported that it can be a very confronting course but also incredibly helpful in understanding the responsibilities of having a licence.
Many drivers charged with offences like drink driving, excessive speeding, or negligent driving opt to complete the Traffic Offenders Program for several reasons:
To Prevent Repeat Offences: The program provides useful tools and coping strategies for managing situations that could lead to poor driving decisions, which can help you avoid reoffending.
To Show the Court Genuine Remorse: Completing the program shows the court you’re serious about learning from your mistake. It can sometimes lead to a more favorable outcome when it comes to sentencing where you have meaningfully engage in your post course self assessment, which the court will see.
To Gain Awareness: Even if you consider yourself a generally safe driver, the program is an eye-opener. It gives you insight into how quickly things can go wrong on the road and what’s at stake.
The cost of the Traffic Offenders Program can vary depending on the provider, but generally, you’re looking at around $170 upwards. (For the latest information on costs, be sure to check directly with local providers as fees may vary slightly.)
There are several providers on the Central Coast who offer the Traffic Offenders Program, making it easy to find a location that works for you. Here are a few local options:
Gosford Community Traffic Program The Gosford program combines educational sessions with first-hand stories to drive home the impact of risky driving behaviors. It’s conveniently located for those in the southern Central Coast region.
RoadSense – Central Coast RoadSense offers a reputable Traffic Offenders Program in various locations across the Central Coast. Known for engaging speakers and practical advice, this program often sees high attendance.
Traffic Offenders Intervention Program – Wyong Located in Wyong, this program provides a structured, court-recognized course that covers all the essentials. It’s a popular choice for those who live closer to northern Central Coast areas.
Note: This information is accurate as at December 2024, you should always contact the provider directly.
One of the main benefits of the Traffic Offenders Program is that it’s accessible to a wide range of drivers, whether you’re young, experienced, or somewhere in between. Court magistrates view participation positively, especially when it’s completed voluntarily. While the program doesn’t guarantee any particularly sentencing outcome or a reduction in penalty, it demonstrates that you’re taking responsibility for your actions and your reflective capacities which is more likely to lead the court to an assessment that your chances of re-offending or coming before a court again are lower.
Ready to Take Responsibility?
If you’re facing a traffic offence charge and want to show the court your commitment to safe driving, the Traffic Offenders Program is worth considering. And if you’d like legal support or guidance through the process, Coastal Lawyers is here to help you every step of the way.
Coastal Lawyers acts in all areas of criminal law and traffic law in both the Local Court, District Court and Supreme Courts. With both a former DPP prosecutor and a former police officer as part of our team, we have over 20 years combined experience in the criminal justice system.
Written by Coastal Lawyers- Central Coast Criminal Lawyers
Coastal Lawyers are Central Coast Criminal Lawyers located on the Central Coast at Erina.
Coastal Lawyers represent criminal law clients in all areas of criminal law, traffic law and apprehended and domestic violence (ADVO) and private personal violence orders (APVOs).
Founded by a former prosecutor and former police officer, with over 20 years combined experience we are experienced and confident advocates regularly appearing before the Local Court, District Court and Supreme Courts of New South Wales.
Coastal Lawyers appears at the Wyong Local Court, Gosford Local Court and the Gosford District Court as well as Supreme Court bail applications as required.
If you have been charged by police with a criminal offence then early legal advice is often crucial to the success of your case. Book in a 1 hour Strategy Session today.
When relationships break down, dividing property can be one of the most challenging aspects of separation. Inheritances often complicate the process further. Under the Family Law Act 1975, inheritances are generally considered part of the property pool available for division, but their treatment depends on the unique circumstances of each case. Here’s what you need to know about how inheritances are handled in family law.
Key Factors in Determining Inheritance Division
1. Timing of the Inheritance
When the inheritance was received plays a significant role:
Before or During the Relationship: If the inheritance was received before or during the marriage or de facto relationship, it’s usually included in the shared property pool.
After Separation: Inheritances received after separation are less likely to be included, although the court may still consider them, especially if the funds impact the financial situation of one party.
2. Use of the Inheritance
How the inheritance was used during the relationship can influence whether it’s considered a joint or individual asset. For example:
If the inheritance was used for shared expenses, such as purchasing a family home, it’s more likely to be treated as a joint asset.
If the inheritance was kept separate and used solely for the benefit of the individual who received it, the court may consider it separate property.
3. Contributions and Needs
The court assesses the contributions of both parties—financial and non-financial—as well as their future needs.
Financial Contributions: This includes the inheritance itself and how it was applied during the relationship.
Non-Financial Contributions: Parenting and homemaking contributions by the other party are also taken into account.
Future Needs: The court considers factors like age, health, earning capacity, and caregiving responsibilities when deciding a fair division.
4. Just and Equitable Division
The court’s primary goal is to achieve a just and equitable outcome, not necessarily an equal split. Each case is assessed individually, and the division may vary depending on factors like the size of the inheritance, its use, and the overall property pool.
5. Keeping Inheritances Separate
If an inheritance has been kept entirely separate from joint assets and was not used for shared purposes, the court may treat it as an individual asset. However, this is not guaranteed, and the overall circumstances will still be considered.
Why Legal Advice is Essential
Inheritance matters can be legally and emotionally complex. Whether you’re concerned about protecting an inheritance or negotiating a property settlement that involves inherited assets, understanding your rights under the Family Law Act is crucial. A family lawyer can provide tailored advice to help you navigate this challenging area and work toward a fair outcome.
Protect Your Inheritance: Get Expert Legal Advice
If you’re navigating a separation involving inherited assets, Coastal Lawyers can guide you through the process and help you protect what’s yours. Contact us today to discuss your case and find out how we can assist.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
When parents separate, one of the most complex and sensitive issues involves determining parenting arrangements. A common question arises: how much say do children have in deciding where they live or how they spend time with each parent? In family law matters, the court does consider children’s views, but several factors determine the weight given to their wishes.
Key Factors in Considering a Child’s Wishes
1. Age and Maturity
The older and more mature a child is, the more influence their views may have on the court’s decision. For instance, a teenager’s preferences are likely to carry significant weight, especially if they can articulate their reasons. However, younger children’s views can also be taken into account, provided they can express them meaningfully and without undue influence.
2. Best Interests of the Child
The child’s best interests are always the court’s paramount consideration. The court assesses whether a child’s expressed wishes align with their safety, well-being, and developmental needs. If a child’s preferences might expose them to harm or instability, the court will prioritize their protection over their wishes.
3. Independent Representation
In complex cases, an Independent Children’s Lawyer (ICL) may be appointed to represent the child’s best interests. The ICL doesn’t take instructions directly from the child but ensures the child’s views are presented to the court, alongside an independent assessment of what’s best for their welfare.
4. Influence of Parents
The court is mindful of the potential for parental influence on a child’s expressed preferences. If there is evidence that one parent has coerced or unduly influenced the child, the court may investigate further or discount those views to ensure decisions are genuinely reflective of the child’s best interests.
5. Nature of the Case
In cases involving allegations of family violence or child abuse, the court’s focus shifts heavily toward ensuring the child’s safety. While the child’s views remain important, their protection becomes the overriding concern, and their wishes may carry less weight if they conflict with safety considerations.
6. How the Court Gathers Children’s Views
Direct interviews between a judge and a child are rare in Australian family law. Instead, the court typically relies on:
Reports from Family Consultants: These experts meet with the child and parents to understand the family dynamics and provide recommendations to the court.
Independent Children’s Lawyers: The ICL presents the child’s views and their best interests to the court.
These professionals ensure that the child’s voice is heard without placing them in the uncomfortable position of directly choosing between parents.
Balancing Children’s Wishes and Their Best Interests
While children’s views are important, they form part of a broader assessment of what is in their best interests. The court’s ultimate goal is to create parenting arrangements that promote the child’s safety, stability, and overall well-being, even if this doesn’t align perfectly with their preferences.
Need Support Navigating Family Law?
If you’re dealing with family law matters involving your child’s wishes, Coastal Lawyers can provide compassionate, experienced guidance to help you understand your rights and obligations. Contact us today to ensure the best outcome for your family.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Co-Parenting: Parenting Plans vs. Consent Orders Explained
A parenting plan is a written agreement between separated or divorced parents outlining the arrangements for the care, living arrangements, and decision-making responsibilities for their children. While it is a legally recognised document, it is not a court order.
Parenting plans offer a voluntary and flexible approach for parents to collaborate on key details such as living arrangements, visitation schedules, and decision-making responsibilities. These plans are highly customisable, allowing parents to address specific needs like holiday schedules, communication methods, and other arrangements tailored to their family’s unique circumstances. While not legally binding, a parenting plan serves as evidence of agreement between parents if the matter later proceeds to court, providing a valuable framework for co-parenting.
Parenting plans offer numerous benefits, starting with their ability to encourage cooperation between parents. By working together, parents can foster healthy communication and maintain a focus on what’s best for their child. Additionally, parenting plans are highly adaptable, allowing updates as children grow or circumstances change, ensuring the arrangements continue to meet the family’s evolving needs.
While parenting plans provide a collaborative approach to co-parenting, it’s important to note that they may not be a suitable solution in cases of family violence, child abuse, or where there are significant concerns about a child’s safety. In such cases, legal advice and court intervention may be necessary to ensure a child’s well-being.
Parenting consent orders are legally binding agreements made between separated or divorced parents regarding the care, living arrangements, and decision-making responsibilities for their children. These orders are approved by the court, making them enforceable and legally binding.
Parenting consent orders offer clear advantages, as they are court-approved and enforceable, ensuring the arrangements prioritize the child’s best interests and provide legal certainty. At the same time, these orders are structured but flexible, allowing parents to make mutually agreed-upon changes, provided the updates are properly documented and submitted to the court for approval.
Consent orders are a great option for parents seeking formal, enforceable arrangements without the need for lengthy litigation. By providing court oversight, they ensure the child’s best interests are protected while offering peace of mind and clarity for both parents.
It’s important for parents to seek legal advice when preparing parenting consent orders to ensure that the terms are comprehensive, fair, and in the best interests of the child. Once the court approves the orders, they become a legal obligation for both parents.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
In family law, parenting orders provide structure and stability for children after separation. But what happens when circumstances change and one parent wants to revisit those orders? That’s where the Rice & Asplund principle comes into play. Stemming from an Australian family law case, this principle sets the standard for when the court will entertain an application to change existing parenting orders.
Here’s what you need to know about Rice & Asplund and how it applies to family law cases.
The Rice & Asplund Principle
Rice & Asplund refers to the court’s requirement that a significant change in circumstances must be shown before revisiting parenting orders. This principle ensures that the court balances stability and consistency for the child with the need to adapt to substantial changes.
Key Points About Rice & Asplund
1. Stability is Key
The court recognizes that stability and consistency are often in the child’s best interests. For this reason, reopening parenting arrangements without a substantial reason may not benefit the child. Parenting orders are designed to provide certainty, so the court is cautious about making frequent changes.
2. Reducing Unnecessary Litigation
Rice & Asplund aims to prevent repeated or frivolous court applications to change parenting orders. Constant litigation can take an emotional toll on the child and the parents, as well as strain court resources.
3. Demonstrating a Significant Change
To vary an existing parenting order, the parent making the application must demonstrate that a significant change in circumstances has occurred. Examples might include:
Relocation that impacts existing arrangements.
Changes in a child’s needs, such as medical or educational considerations.
Evidence of safety concerns or family violence.
Without such a change, the court is unlikely to reopen the matter.
4. Best Interests of the Child
As with all family law matters, the child’s best interests remain the court’s paramount consideration. Any changes to parenting orders must align with promoting the child’s well-being, security, and development.
How the Court Assesses Applications
When deciding whether to entertain an application under Rice & Asplund, the court considers:
The nature of the alleged change in circumstances.
Whether the proposed changes are practical and beneficial for the child.
The impact of reopening the matter on the child’s stability.
If the court determines that reopening the case is not in the child’s best interests, the application may be dismissed at an early stage.
Seeking Legal Advice
The Rice & Asplund principle ensures that parenting orders aren’t unnecessarily revisited, protecting the child’s stability while allowing flexibility when significant changes arise. If you’re considering applying to vary parenting orders, it’s essential to seek legal advice. An experienced family lawyer can help you determine whether your situation meets the threshold set by this principle and guide you through the process.
Need Help Navigating Parenting Orders?
At Coastal Lawyers, we understand the complexities of parenting orders and the importance of your child’s well-being. Contact us today for expert advice on whether your case meets the requirements of the Rice & Asplund principle and how to proceed.vice to protect your child’s well-being.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
