Family Law FAQ

 

Costs

 The funding in a Family Law matter can be done in a number of ways:-

1.  You may have funds available that can be used for that purpose.

2.  You may have family support that is accessible.

3.  You can assist yourself by completing various tasks along the way so we give you the level of service that you want/can afford. 

In some matters, clients are happy for us to do the lot.  In other matters, clients want to do much of the photocopying and other administrative tasks that can save costs.

The most common reason for cost escalation is the continual demand to respond to phone calls or emails when, one call or one email may have been sufficient.

Also we often give you homework to do and when that is done in a timely and comprehensive manner, this assists the progress.

The other alternative is that there is funding available for Family Law matters.  Their lending requirements can be discussed.  Many clients find this a viable option to achieving their entitlements.

 

Do I have to comply with a Court Order?

Yes.  Whilst an Order is in place, the parties are expected to respect a Court Order unless it is amended or varied or discharged.  If you are having some difficulty in complying, then discuss this with us.

 

Can I relocate the children?

That depends very much on where matters are up to with the other parent, the children's education and other familial connections (and what Orders, if any, are in place).

 

Mediation

How does mediation differ from that offered by Family Dispute Resolution?

The first thing is that usually parties have got proper advice about their rights and obligations.

Secondly, the lawyers can assist the parties formalising Orders so that the matter comes to an end that day.

Thirdly, because lawyers can do Financial and Children's Orders all in one, then it can be a better integrated outcome as property matters are not usually finalised until after children's matters are resolved.  Concessions that may be made in one area, can assist resolution in the other.  Mediation can offer a more 'holistic' approach and outcome.

Accordingly, if you wish to retain our services as a mediator because you already have your own lawyer, this can be arranged with or without the presence of your advisers as you may prefer.  Obviously, if we do act for one of you, then we cannot be the mediator but we can arrange for a competent and appropriately qualified mediator to assist.