Family Break Up, Separation and Divorce
If you are having problems with your partner and separation is likely, several issues may need to be addressed and dealing with those issues can be very difficult. In addition, most people who are suddenly faced with this type of situation do not feel confident that they can cope. This is one of the most difficult situations that people may face during their lives.
At Roberts Gray Lawyers we give the best possible legal and emotional support and will get involved only to the extent that you feel comfortable.
You can feel safe when discussing very personal details of a relationship because lawyers in Victoria must comply with strict rules of confidentiality. On top of that, the team at Roberts Gray Lawyers has had specialist training in supporting people in difficult family situations, including divorce, and has a top communications team to handle the situation if sensitive issues and information suddenly become public knowledge.
These matters do sometimes end up in Court and it can be very difficult to know how long issues will take to be resolved and how you can best obtain a win in court. We will give you the best advice and support you all the way.
Looking after children
When your marriage or partnership is coming to an end, and you have children as a consequence of the relationship, it is important to have a clearly understood arrangement regarding how both parents/partners will engage with the children and to ensure the best possible outcome in terms of the welfare of the children. Roberts Gray Lawyers can help you get a formal Court outcome that will provide clarity and certainty regarding ongoing contact and relationships.
A Court Order can clarify arrangements regarding who children will live with, when parents can see children, commitments to ensuring children have religious requirements addressed, health and medical issues and choice of school.
Court priorities
To make appropriate decisions, the Court will, firstly, make sure children are always safe and will recognise the value associated with children having a valuable, supportive relationship with both parents.
There are certain principles that drive Court decisions:
- That, usually, both parents are important and, therefore, there is shared accountability for the well-being, personal development and ongoing care of their children.
- That, in addition to their parents, children should be able to spend time with other people (e.g. grandparents) who are significant in their lives.
- Whether or not their parents have ever married or lived together, children are entitled to know and be cared for by both.
- That children have a right to experience and participate in their culture.
- There should be best endeavours to obtain an agreement between both parents regarding the future nature of parenting.
Where family violence is an issue, you can talk to Roberts Gray Lawyers about appointing an independent lawyer to ensure children can have their understanding and wishes presented.
Note:
- Relationships Australia provides advice on care of children when resolving relationship issues before seeing a lawyer. The service is free.
- The Child Support Agency acts on behalf of the carer to address child maintenance issues. Their service is free.
- Before matters go to court there is an obligation to attempt family dispute resolution, except in exceptional circumstances. Roberts Gray Lawyers can advise regarding these situations.