What Experts Say On Choosing A Divorce Lawyer?

Divorce not only affects the life of a husband and wife but also the people surrounding them. In such a situation, the guidance of an experienced lawyer is very important so that the concerned individual does not take a wrong step. At the same time, it is also necessary to find the best divorce solicitor in your area who will be able to manage the legal proceedings on your behalf. Choosing a reputed and reliable divorce lawyer is important for the best outcome of the case.

In reality, a quality lawyer can make the difference in not only helping you through the legal procedure but also supporting you emotionally in this difficult time. Here, are some of the points highlighted by Matthew Buckley that you should remember while choosing a divorce lawyer for your need.

Do you need a lawyer?

Sometimes, divorce situations can also be sorted outside the court by agreeing with your ex-partner. In that case, it is wise to consider the current situation with your wife before you decide to hire a lawyer for your divorce. You should also consult the lawyer and see what the solicitor has to see about your case. A good lawyer will always want to settle things outside if there are still chances of fixing your broken marriage. Also, the lawyer will inform you about your position and rights in the current situation with your partner.

Find recommendations

Good and experienced affordable family lawyers Sydney are often found by referrals from a friend or a relative. So if you are thinking about hiring a divorce solicitor then start asking your friends or relatives who you think can help you in your difficult time. Asking others often helps in finding the name of a reputed family lawyer who has a speciality in managing divorce situations.

Interview solicitors with your need in mind

Whether you are talking to a representative of a law firm or an individual lawyer, make sure to be as clear as possible regarding your current situation. In the current times, there are many family lawyers Sydney free consultation who would speak to you without charging any cost in the first meeting. In other words, when you are meeting an attorney for the first time then consider this as an opportunity whether the person will be able to help you or not. Hence, when you are speaking to a lawyer then keep the given below facts in your mind.

Check whether you get along with the manners and behaviour of the lawyer. If you feel that the person is dominative or trying to be extra-friendly with you, then it may invite unnecessary issues in the upcoming days.

Proper communication between the lawyer and client is very important for the perfect progress of the case in your favour. Therefore, during the first few meetings, you have to keep observing whether the solicitor keeps you timely updated about how things need to be handled from now on. How fast your emails and calls are being replied by the attorney is something that should be considered because it proves the interest of the lawyers towards your case.

On a concluding note, asking advice from a solicitor is good, but you should make your own decision based on what is good for your needs. That is why it is advised to meet several lawyers so that you can get an initial understanding of your rights and then choose a solicitor who seems to benefit for you. 

CHANGING A CHILD’S SURNAME

Child Recovery Order

Whether both parents need to approve the change of a child’s name depends on the current Parenting Orders in place. If one parent has sole parental responsibility for the child, then that parent can decide to change the child’s name unilaterally.

Under the Family Law Act, changing a child’s surname is a major long term issue. The Full Court of the Family Court confirmed in the case of Koldsjor & Addington heard in 2009, that if there is a Court Order that the parents equally share parental responsibility for major long term issues, then the changing of the child’s name must be decided jointly between the parents and the parents have an obligation to make a genuine effort to agree.

Under the Family Law Act, where no Court Orders have been made by a Court in relation to parental responsibility, there is a presumption under Section 61DA of the Act that both parents have equal shared parental responsibility for the child until a Court orders otherwise. This presumption can be rebutted where the Court is satisfied there has been abuse or family violence or it would not be in the child’s best interests for the parents to have equal shared parental responsibility for the child.

Where there is joint parental responsibility shared by parents and either both parents cannot agree on changing a child’s name or one parent has unilaterally changed the child’s name without the other parent’s consent, an Application to the Court can be made to have the matter determined by a Judge.

The Court is empowered to make an Order permitting or restraining the change of a child’s name. This power is by virtue of Section 22 of the Birth, Deaths and Marriages Registration Act 1995 (NSW).

Matters to be taken into account by a Court
When a Judge exercises their discretion to decide whether or not a child’s name should be changed, as required by Section 60CA of the Family Law Act, the paramount consideration for the Court is the best interests of the child.

Mere convenience is not enough to change a child’s surname. The Court will look at the circumstances of the case and must be satisfied that other considerations also apply.

The Judge will balance all of the different factors in the particular case and exercise their discretion to come to a decision as to whether or not the child’s name should be changed.

The Court confirmed in the case of Whinney & Kelleher heard in 2013, that where the Court makes an Order changing a child’s surname, it is not necessary for an Order that the other parent sign any documents or empowering a Court Registrar to sign documents on behalf of the other parent. The Court has the power to Order the registration of the change of name by the Registrar of Births, Deaths and Marriages directly.

Conclusion
The Judge has a broad discretion in cases where there is a dispute between parents in relation to changing a child’s surname. The judge is required to consider whether or not changing the child’s name is in the child’s best interests but whilst this is the paramount consideration for the judge, it is not determinative. Judge’s are also guided by decisions made by Judges in previous cases.

Should you need any advice in relation to your family law matter call me on 0415 604 593.

Matthew Buckley
Solicitor

Untold Benefits of Hiring a Family Attorney

Family Lawyers Sydney Free Consultation

According to the sociologists, a family is a primary unit in the society. In other words, a family is the most significant component that makes up a community. It is because of this reason, keeping the family structure working smoothly is essential. Hence, the need for a family attorney arises to resolve issues that prevent the possibility of separating a family in the upcoming days.

However, the mistake that most family makes is waiting for the situation to worsen and then start searching for an attorney to settle the matter appropriately. That is why it is significant to search for top family law firms in Sydney  and get a family lawyer as early as possible before the situation runs out of control.

In that case, here are some of the facts highlighted by Matthew Buckley regarding the benefits of hiring a family attorney in the current time.

Knowledgeable and skilled

When you have an experienced, knowledgeable and skilled family lawyer with you, then any legal matter can be handled smoothly without any hindrance. These lawyers make their living by convincing the judges regarding the merits of their client’s case. At the same time, they know which part is presentable at what time so that the case can go in favour of the client’s side. A dedicated lawyer will do everything to find information that will nullify the claim or blame made by the opposition in the case. Furthermore, an attorney will support and guide you in every step of the legal process until you are free from any legal problems. Hence, make sure to search for affordable family lawyers in Sydney because you don’t want to make any mistake now, only to regret in the future.  

Reduce mental pressure

Another benefit of hiring an experienced and reliable lawyer is that they minimise the stress that you were bearing for a long time. Talking to an attorney relieves the client from tension because he or she knows the ways of finding a solution in a legal issue. Cases that involve separation like divorce can be emotionally draining as it is related to not only the husband and wife but also the children and family members at the same time. However, when you have an experienced lawyer by your side, then you might get support about how to proceed in emotional situations which need to be sorted out legally. Moreover, your attorney might refer you to some professionals to help you cope up with mental pressures that come during this period.

Protecting your rights

The primary reason for hiring a family attorney is because of their knowledge in protecting the rights of a person when there are high stakes involved. When it comes to losing custody of your father and mother or perhaps your child, then you need an experienced and skilled attorney to represent you in the court. It can also be that you are losing all your assets due to divorce.

In other words, when you hire a lawyer, then he or she will give their every effort to protect your rights under compelling circumstances.