Falling Through the Cracks

Last week was a little shorter work week as I attended the Newcastle Family Law Pathway Network (FLPN) annual conference.

This year the conference was entitled "Falling Through the Cracks" and was on the very important juncture between Family Law, the Children's Court and Child Protective Services. 

The conference was very well attended - bringing together legal practitioners, counsellors, and representatives from a large variety of government and non-government services. 

And we were honoured by speakers including Judges from the Family Court of Australia and the Federal Circuit Court as well as an Independent Children's Lawyer, the assisting director of the Department of Family and Community Services as well as representatives of the local counselling and mediation providers. 

One of the main topics for consideration was how to share information between the various organisations - for example, if a child comes before the Family Law Court's how best (and most efficiently) can information that the Department (perhaps better known as DOCS) might have be given to the Court. This may seem like a simple issue when faced with such serious issues but there are very complicated matters such as privacy to be taken into account. For example, how can the details of a mandatory reporter (such as a doctor, teacher etc) be kept private to protect their safety (threats of harm are made towards mandatory reports unfortunately) - how can the Department's resources handle this further review work? 

Having senior representatives from the Court and the Department at the conference was a chance to discuss the competing issues and brain-storm genuine ideas to help resolve these matters. 

What I found most inspiring from the conference was the passion and dedication that each of the speakers have for family law and for trying to do the very best they can to help the people - in particular the children - who they work for and with. 

* The FLPN supports a coordinated family law service system in the Newcastle area. It provides information sharing and networking events such as the annual conference as well as referral information for government and non-government services.  

Relocation - thought process

Last year I wrote a post about the legal aspects of relocation after separation: http://lawyerfamily.blogspot.com.au/2013/09/relocation-other-side-of-town-or-other.html. Today I thought I would write about how you might go about the relocation process.

During a separation the possibility of moving you and your children away can be very tempting - maybe it's practicalities, such as a new job in a new city, or simply the thought of a fresh start. But given the complexities associated with the legal process of resolving contentious relocation matters it is important that any decision to relocate is considered and well thought out.

Firstly, have a plan. And think it all the way through. Where will you live? What school will the children attend? Is it as good as their current school? Are there the same extra curricular activities? Who will help you care for the kids? Do you have friends or family in the area who will be a support network to you and the children? If the kids have any medical issues are the same or better facilities available to help them? Do you have a job lined up or job prospects? These are just some of the questions you should ask yourself - and they are also the questions a Court will want answers to in considering an application for relocation.

Secondly, is the move beneficial to your children? And this isn't just about the amount of time they will spend with their other parent - although that is obviously a vital consideration. Think about their support system - their extended family, school, friends, extra curricular activities. Is it the best timing for them - should it be done at the conclusion of the school term or year - or before primary school starts or before high school starts? While the move may seem like a wonderful opportunity to you, it may be devastating to your children. You may wish to think about counselling for them to help them through this change.

Finally, communicate with your children's other parent. Think in advance of what their concerns might be - usually, when will they spend time with the kids and how. Think of extra options like skype or more time during holidays but also think of how you will organise the travel between the two homes. If the two of you are not able to talk you may want to consult a mediator to facilitate the conversation or ultimately a solicitor to put this information to the other parent.

Hopefully this process will mean that the two of you are able to reach agreement in relation to relocation and avoid the Court process.

How to: Instructions

Family law matters are by their very nature invasive. You will be asked to lay bare many aspects of your life - initially to your solicitor, but then to the solicitor representing your ex and ultimately maybe even in an open Court room before a Judge.

Taking instructions about the history of the matter and writing Court Affidavits are things I do on a near daily basis but I appreciate that they are not things my client's are used to doing so I thought I would prepare this little guide to keep in mind:

1: Keep calm

When we meet to get your instructions I am not there to grill you. It is not a memory test - you won't be punished if you can't remember the exact day you purchased your first house together or the name of your child's Year 2 teacher.

We will work together to try and get as many of your memories out as we can and we will then go from there.

2. Speak up

Sometimes clients think the answer is too complicated or doesn't "fit" in with their case. But it is far more important that you speak up and provide an answer.

Also, if the question your solicitor asks is confusing and you are not sure what information they are after - ask for them to ask it again or explain the question.

3. Tell the truth

The truth isn't always pretty but nonetheless it is vital that you tell us the truth.

If there is something you need to tell me but you are worried about how it will effect your case - tell me. It is my job to provide you with advice as to the use that will be made of that information and the best way to present that information and any explanations about it.