MATERNAL GRANDPARENTS GET CUSTODY AND SOLE PARENTAL RESPONSIBILITY

In the case of Wragge & Wragge saw an application by child’s maternal grandparents for a child to live with them. The child’s mother opposed the Application and wanted the child to live with her despite the circumstances which saw the child living with maternal grandparents in the interim. The mother argued the child lived with the her prior to proceedings commencing and argued that this was necessary as there was a separation of siblings.

The Court had to decide who the child lives with and who the child should spend time and communicate with in circumstances where there are Allegations of violence and unacceptable risk to the child.

It was held by the Court that child live with the maternal grandparents and that they have sole parental responsibility. The Court further Ordered that the mother spend time with the child on a supervised basis only.

For any advise on how to approach any parenting matter, please contact me on 0415 604 593.

Matthew Buckley

Solicitor

PARENTING DISPUTE AT PARRAMATTA FEDERAL CIRCUIT COURT

Parramatta

Yesterday I appeared at the Parramatta Federal Circuit Court in a Family Law parenting matter.

The mother, who we represented, was presently living in Melbourne and had not seen her 7 year old child for a period of 3 months, as since separation, the father would not permit any contact time.

After appearing before the judge and subsequently discussing the issues at hand with the father’s legal representative, Interim Court Orders by consent were drafted enabling the mother to see her child on a monthly basis with regular phone contact time.

A further Child Inclusive Conference, which is a preliminary assessment intended to assist the Court to make shorter term orders, was also ordered by the Court.

Great to make progress on this matter for our client.

Should you need any assistance on any Family Law matter, message me here on Facebook or call on 0415 604 593.

Matthew Buckley
Solicitor

APPLYING FOR A CRIMINAL CHECK OF YOUR CURENT OR FORMER PARTNER

Criminal Background Check

You can apply to find out if your current or former partner has a history of violent criminal offences, through the NSW Domestic Violence Disclosure Scheme (DVDS).

The NSW Police Force will conduct criminal record checks, and process applications within 2 weeks. If they believe there’s a serious threat to your life or safety, you’ll be told of any relevant convictions within 48 hours.

The person you’re enquiring about will not be told of your application.

For details on criminal checks, follow the below link of call me on 0415 604 593 to discuss your matter.

Matthew Buckley – Solicitor

https://www.service.nsw.gov.au/transaction/apply-criminal-check-current-or-former-partner

 

OUT OF TIME PROPERTY APPLICATION

Family Court

Yesterday I appeared in the Federal Circuit Court in Sydney on a matter involving an ‘out of time’ property settlement.

In property proceedings, parties have a period of 12 months post divorce in which they are permitted to bring the matter before the court however leave can also be granted by the court under section 44(6) of the Family Law Act in circumstances of financial hardship to a party.

In the case yesterday, our client was divorced in 2014 and held jointly owned property with her former husband, however he had been unwilling to come to a financial agreement with our client despite her countless attempts to resolve the matter.

Seeking leave of the court under section 44(6) of the Family Law Act is a useful provision as it can bind a party to proceedings in circumstances where they may otherwise be unwilling to cooperate in resolving a financial dispute.

While a party can file an application under this section of the Family Law Act, the court must be satisfied that financial hardship would be caused to the party if leave were not granted;

In the court appearance yesterday submissions were made outlining the financial circumstances of the parties and the specific financial difficulties facing our client. Despite the parties being 3 1/2 years outside of the limitation period for property settlement matters, the judge found favour with our submissions and granted leave to hear the matter.

Our client was extremely happy with the court ruling and the matter is now in the court system, As the uncooperative former husband has finally been brought to heel, he will likely be motivated to resolve this matter.

Out of time issues are not uncommon in financial disputes as parties are often not aware of the limitation periods post separation in which a party may file an application with the courts should they not be able to come to an agreement.

For any advice on your family law matter or how any potential time limitations might apply to you, please message me here on Facebook or contact me on 04 1560 4593.

Matthew Buckley
Solicitor

Recovery Orders

Know the Rules

Recovery orders can apply where one party has relocated with the children, without the consent of the other parent. I may also apply to cases where a parent has refused to return the child to the custody of the other parent under a Parenting Order.

A Recovery Order can be made which directs the Australian Federal Police or officers of State and Territory Police to locate the child deliver and them back to you.

The order can be filed by a number of relevant parties and this can be discussed with your lawyer. Urgent applications can also be filed on your behalf if the situation warrants.

If the child is still not located, then a Location Order, Commonwealth Information Order or a Publication Order may also be sought from the court.

Australia has additional information below or you can contact me directly on 04 1560 4593 to discuss your relocation orders.

Matthew Buckley

Solicitor

 

5 THINGS YOU SHOULD EXPECT FROM A LAWYER

What do you expect?

1. Communication is King

When you are engaging with a family lawyer. If you don’t feel comfortable talking to your family lawyer then you have a problem.

2. Direct and plain english legal advice pen

You must understand what your entitlements are, so that you can instruct your lawyer on what is relevant to achieve your desired outcome.

3. Confidence and competent

You need someone that you can trust has your best interests at heart and will progress your case to a resolution that you happy with.

4. Understanding the basis of charging legal fees

You must keep a check on and be informed of how much your legal fees are going to be, as you progress through your family law dispute. You should ask for Fixed Fees.

5. Strategy and direction

Have clear expectations on what is possible to achieve and what is not, so that you end up satisfied with the final outcome.

I can provide to you all of the above. If you have any questions on Family Law get in touch with me on 0415 604 593.

 

Matthew Buckley

Solicitor

Drug Addiction in Parenting Matters

Law

Unfortunately drug abuse is a common problem facing society today. Specifically, the use of the drug known as ‘ice’ has been referred by to as a widespread epidemic. It is therefore quite common for allegations about drug abuse to be raised by a parent in Family Court proceedings.

If a parent alleges that the other parent is abusing illicit substances in a way that puts a child at risk of harm, the Family Court will take these allegations very seriously.

Under the Family Law Act 1975, the best interests of the child are the paramount consideration when making parenting orders. The Court has the power to order that either one or both parents undergo drug testing to ascertain whether they have the capacity to care for the child or pose a risk of harm, even when these allegations are denied. If you are concerned that your ex is addicted to drugs and your children are not safe, you should request drug testing right away. If your ex won’t agree, you can seek orders from the Family Court that they undergo drug testing.

Evidence for Family Court purposes is presented in the form of Affidavits; however this evidence cannot be tested until a Trial. The Court may therefore err on the side of caution when allegations of drug abuse are made and in the interim place the child into the care of the other parent. Drug testing is an easy and effective way to gather reliable evidence about whether or not a parent is using drugs and whether the children are at risk of harm.

How are drugs detected?

Drug testing for Family Court purposes can take a number of forms. The most common type of drug testing is urinalysis testing at a pathology laboratory. The collection of a urine sample for this purpose must adhere to the chain of custody provisions in accordance with the Australian Standards. These samples need to be supervised by qualified personnel to ensure there is no possibility of any cheating. Urinalysis testing is usually requested randomly by the other party’s solicitor.

Another form of drug testing is hair analysis. This involves a party having a sample of hair extracted from them and tested for illicit substances. Although these tests can be more expensive, the benefit is that they can detect the use of illicit substances dating back a few months. These tests are commonly requested when it has been alleged that a parent has a very serious and ongoing drug problem.

How long do drug testing orders last for?

The Court has discretion to determine how long drug testing orders stay in place and it usually depends on the severity of the alleged drug problem. Drug testing orders can stay in place for an indefinite or set period of time. If the other parent’s drug problem is very serious, the Court may want drug testing to continue for up to a year or more. If the alleged drug use is not as serious, a party may only be required to undertake drug testing until six clear tests are received.

What if my ex’s drug tests are all coming back positive?

If a parent cannot provide the Court with consecutive clear drug screens, it may be determined that they have a serious addiction that could put the child in harm’s way. If orders are not already in place, the Court may consider removing the child from that drug using parent’s care and placing them in the care of the other parent to ensure that they are not exposed to drug use or put in harm’s way.

If the other parent cannot show the Court that they can abstain from drug use whether through clear drug screens and/or evidence of rehabilitation, it is unlikely that they will be allowed any unsupervised time with the child.

If you are concerned that your ex may be abusing drugs and putting your children at risk, message me or contact me on 0415 604 593.

Matthew Buckley

Solicitor

Out Of Love And Into The Poorhouse

Separation

The costs of a marital break-up can often be severe especially in circumstances where the parties have been in a relationship for a number of years.

Due to the accumulation of assets, parties will often have to significantly reduce their lifestyles in order to account for their post separation circumstances.

As an experienced practitioner, I can advise you on your entitlements to a post separation property distribution and can maximise your entitlements.

Contact me on 0415 604 593 or message me here.

Matthew Buckley

Solicitor

https://www.theaustralian.com.au/business/wealth/out-of-love-and-into-the-poorhouse-divorce-and-separation/news-story/65de4cf364206a5567b4a0a37baf24eb

House Prices in Sydney Set to Fall

For Sale

With property settlement matters, often it is the matrimonial home that comprises the greatest proportion of the parties’ assets.

In circumstances where a matrimonial home is valued list than when purchased, this can cause serious problems when a division of assets is necessary.

This article outlines downward trend in house prices in Sydney which may have serious repercussions for parties going through a separation.

Should you have any questions regarding this or should you need advice on the likely outcome of a property settlement, please do not hesitate to contact me.

https://www.smh.com.au/business/the-economy/house-values-set-to-fall-up-to-11-per-cent-in-some-australian-suburbs-in-2019-20190107-p50pyp.html

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