The advice that we give clients is in relation to The Family Law Act 1975, which is ultimately focused to ensure the best interests of the children are met.
Before considering going to Court parties should attempt to reach agreement through negotiations and mediation, and then formalise the agreement reached with consent orders that are filed in the Family Court.
If agreement can’t be reached between separated parents, we can advise you about the next possible steps. This advice will vary depending on your particular situation.
Compulsory family dispute resolution
Most parents are required to attend Family Dispute Resolution (FDR) and are further required to make a genuine attempt regarding parenting disputes prior to making an application to the court. There are limited exceptions to this rule where parties do not have to attempt FDR prior to filing in court.
In our capacity as a children & family law firm, Caldwell Family Lawyers we can arrange private Family Dispute Resolution mediations for our clients.
After attempting FDR, if there remains outstanding issues, we can further negotiate on your behalf or if it is necessary we can assist you in making an application to the court.
As families move around nationally and internationally more and more, many families are faced with the dilemma that upon separation, one of the parties wants to move home with the children.
Parents cannot relocated with children without first obtaining the consent of the other parent or making an application the court to gain permission to relocate.
In the event that a parent relocates and takes the children without obtaining consent of the other parent or orders from the court, they can be ordered by the court to return with the children.
Caldwell Family Lawyers can assist you in any relocation matter that you may be facing.