Valuing Competence, Integrity, Compassion: Family Lawyers Altona
At Family Lawyers Altona, we recognize the sanctity of family life. We also sympathize with how devastating it is when things turn out negatively among its members.
If you need a family law lawyer to assist you in dealing with these rough patches, look no further than Family Lawyers Altona.
We take pride in our professionalism, high-quality representation, and compassionate assistance.
The Framework: Family Law of 1975
Australia’s legal framework for families was established in 1975 with the passage of the Family Law Act.
The purpose of the statute was to protect children and their families by establishing uniform guidelines for dealing with family law issues.
This legislation has profoundly affected family law in Australia and has been crucial in developing the field.
Inconsistencies in case outcomes were commonplace before this legislation. That’s because family law was administered by a hodgepodge of state and federal rules.
The act aims to ensure that all families are treated equally under the law. It also aims to resolve all family law issues consistently and fairly to safeguard the rights of families and children.
The creation of the Family Court of Australia was a major component of the Family Law Act of 1975. The purpose of this court is to resolve family law issues and to hear only cases related to family law.
The Family Court was intended to be a specialised court. It is to be run by justices who are both knowledgeable about and comfortable with the nuances of family law.
If you wish to know more about legal matters you can bring to the Family Court, the Family Lawyers Altona will greatly assist.
This court was hailed as a progressive development in the field of family law. It facilitated a more streamlined approach to case settlement and helped to cut down on the time and money needed to settle family law issues.
The “no-fault” divorce provision was also a major change brought forth by the Family Law Act of 1975. Before this law, a divorce could only be granted for cause, such as adultery or cruelty.
With the advent of the no-fault concept, divorce can be granted because the marriage has irretrievably broken down.
This mode of divorce was seen as more compassionate since it eliminated the need to establish marital blame.
Are you intending to go through the process of divorce? Talk to Family Lawyers Altona to know all the ins and outs of the process.
Equal shared parental duty was also codified in the Family Law Act of 1975. This idea was established to protect children’s best interests and make sure they maintained healthy ties with both parents following divorce or separation.
Following a divorce or separation, both parents should continue to be actively involved in their children’s lives.
They should also share equally in decision-making about their care, welfare, and development per the idea of equal shared parental responsibility.
Do you need to apply for a parenting order? Let us at Family Lawyers Altona handle the paperwork. We will make your life easier.
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What Are The Mistakes You Can Make In Family Court?
Dishonesty in Family Court
Anybody testifying in a Family Court proceeding must do so while under oath. If you are discovered to have lied on oath, it doesn’t matter why; you are guilty of a crime.
Furthermore, the judge presiding over your case will no longer believe anything you say. That is if you are caught lying during cross-examination.
Anyone involved in family law proceedings, especially those who are being questioned by the other side’s attorney, should always be truthful.
If you lie to the court, the falsehood will be punished more harshly than whatever mistake you try to conceal.
At Family Lawyers Altona, we stand behind the truth. We advise our clients to be as honest as they can when going to family court.
Withholding Information About Your Financial State
The court has a right to see the whole financial picture of anybody engaged in a pending family law case.
Rule 13.04 of the Family Law Rules makes it quite clear that all parties to a financial matter must provide complete and accurate information about their financial status.
This involves making claims like:
- Any and all property holdings, including rental properties, in which you have a financial stake
- Anything you earn through a job or a business you own
- Your role as a trustee, beneficiary, shareholder, or corporate director in relation to any trust in which you have an interest.
- To what extent have you given money or given away property following the breakup?
- Do you have access to any other sources of funding?
This notion was further established in the marriage of BRIESE, where the court said that “a person… has a positive obligation to give forth at an early stage [their] financial position in a clear and comprehensive manner.”
For cases involving property and support, the court added, “each party must understand the financial position of the other party is at the very core of the case.”
Several people have been undone in family law proceedings due to non-disclosure of financial assets and income, since the truth is commonly discovered with very little investigation.
When the Family Court finds you guilty of lying, you send a message that you cannot be trusted, and the court is less likely to look favourably on your case.
At Family Lawyers Altona, we will discuss all your financial means to make sure you are giving all the information needed by the court.
Bringing the Kids into the Family Law Case
A parent’s moral compass sometimes falters when a relationship turns sour. It’s unfathomable to include a kid in the minutiae of a family law dispute.
It has been demonstrated that harsh comments are made to children about their ex-partners. Also, including them in the animosity of a family law battle can have a harmful impact on their emotional health.
Your parenting abilities will be called into question, and your kids will be at a disadvantage. One of the most common blunders made by parents going through a custody battle is speaking ill about their ex-spouse.
The family court will not consider this to be acting in the child’s best interests. It will instead view it as an enormous mistake on the part of the guilty parent.
Negative comments regarding the other parent and excessive details about the family law conflict may sway the judge’s judgment concerning custody.
When a parent publishes about their divorce or makes derogatory comments about their ex on social media, this might make matters worse for their children.
Professionalism and integrity are part of Family Lawyers Altona’s culture. We will never stoop down to such ill practices. We strive to win our cases with honesty.
Using Social Media to Disseminate Information About the Family Court
Section 121 of the Family Law Act makes it a crime to publicly disclose any material that may be used to identify a person who is currently a party to a family law action before the court.
This implies that any comments made against the judge, the ex, or the case itself on social media are not only illegal but also demonstrate a lack of self-control and can have devastating consequences for the poster.
It is also important to be well-presented, show respect to the judge and attorneys, and maintain eye contact while appearing in court for a family law proceeding.
Family law courts typically hear cases at difficult times for everyone involved. Learn from other people’s mistakes in family court by seeking legal counsel, and, if feasible, have legal representation during the process.