Family Centred Law Frequently Asked Questions

Your website sounds like you don't want to fight, are you really going to protect my interests?

Yes.  We are most definitely going to protect your interests.  That is our primary aim and the reason you engage us.  Experience tells us that the best way to protect your interests is to negotiate, however if negotiation does not work in your circumstances we will continue to fight in your corner until we get a resolution that you are content with.

Can't I just agree with my ex about who gets what?  Do I need to go to court for that?

No, you do not need to go to Court.  It is, however, important to ensure that there are formal arrangements in place for your children and for the division of your property, to protect your financial position in the future.  We believe this is best done by obtaining court orders, but you can negotiate and agree on what the orders should be and then ask a Judge to make those orders, without actually attending Court. 

What if I have issues about property and children?

We can negotiate both issues at the same time, or one at a time, whichever is best for you.  If the matter needs to go to mediation then there may be separate types of mediation about children and property.   Sometimes one issue will be easier to come to agreement about than the other, if that is the case then we can settle that issue by agreement and still mediate or go to court about the other issue.

Can I stop the other parent from seeing my children?

In most circumstances this is not a good thing for the children.  If you have concerns for the children's safety with the other parent then we can discuss ways to ensure their safety, which may include not seeing the other parent for a while, or some form of supervised contact.

I am a Father, will I have the same rights as the Mother?

Yes.  The Family Law Act focuses on the rights of the children, not the adults, however it does not differentiate between mothers and fathers.  Sometimes it will be in the best interests of the children to spend more time with one parent. Usually that will be the parent who the children have the primary attachment with, which is often the one they have spent more time with - this is sometimes referred to as the primary carer.  You can be a primary carer as a mother or father.  In the end, the important question to ask is 'what is best for the children?’.  If that means they are better off living with the other parent at some stages in their lives, you can still have a close and loving relationship with them and we can help you find ways to ensure that you stay close.

I have separated and was in a same-sex relationship, can you help me?

Yes. Family Law applies to all couples, regardless of their gender identification and/or sexual orientation. I can help you with parenting matters, division of your property and/or divorce.

I am a grandparent / aunt / uncle or other family member, do I have any rights?

The Family Law Act focuses on the rights of the children, not the adults.  However, if it is in the children's best interests to have a relationship with you, as a caring family member, we can help you to reconnect with children in your family through negotiation, mediation or, if necessary, court proceedings.  The time you end up spending with those children will depend on the strength of your relationship with them, the amount of care you have provided and the reasons why the parent or other family member is trying to prevent contact.

I am a non-biological parent, do I have any rights?

Again, the Family Law Act focuses on the rights of the children, not the adults.  Whether there is a differentiation between biological and non-biological parents will depend on what is best for the children. Relevant factors will be the nature and length of the relationship the children have with each of the parents, biological and non-biological.

There is violence in my relationship, how can you help?

We have assisted hundreds of victims and perpetrators of family violence. We are skilled in recognising family violence and have a large network of professional supports who we can introduce you to for help. You are not alone in this. Whether you are being subjected to control, coercion, physical, emotional, financial or sexual abuse - or whether you are behaving in a controlling, abusive or violent manner towards your family - we can help you. There is more information about how to find help on our Resources page.

I, or the other parent, have mental health, drug and/or alcohol issues, will that change things?

Drug/alcohol addiction and poorly managed mental health issues can put children at risk, unless there are safeguards in place to prevent harm. It will often still be beneficial for the children to have a relationship with that parent - as long as it is emotionally and physically safe. We can help you design a routine for your children that allows them to see both parents at times and in ways which protect them.

Drug/alcohol and poorly managed mental health issues in the other parent may also make it more difficult to negotiate or mediate a resolution, so we will take that into account when advising you on how best to proceed.