Hayder Shkara
Hayder Shkara
Barrister and Solicitor
Hayder Shkara is the principal of Melbourne Family Lawyers. He took over the management of the practice from Silvio Auditore in 2022.
Hayder is an ex-Olympic athlete, and has now channeled his energy into the family law space. He brings vast experience in family law, including financial and property settlements, divorce, custody matters, wills and estate, consent orders and binding financial agreements. He is excellent communicator and holds well before a Judge and Magistrate in legal proceedings. He is also great with clients, able to build close connections with them.
Hayder has a double degree from the University of Technology Sydney with a Bachelor of Laws and Communication (Journalism).
Hayder is also the principal of Justice Family Lawyers, a firm he founded after competing at the Rio de Janeiro Olympics, representing Australia in Taekwondo. Born of an Iraqi father and Japanese mother, family and a strong sense of community have always been central to the Shkara household.
He is committed to MelbourneFamily Lawyers and the team, overlooking all the matters and providing detailed support to his staff and clients. He values hard work and dedication, as an athlete, and will provide endless guidance to his team and clients.
When Hayder isn’t demonstrating his dedication to the firm, he is playing soccer with friends or coaching sports on the weekends.
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
STEPHANIE HOPE
Senior Associate
KATHERINE SIOTOS
Solicitor
Hayder Shkara
Director
Related Articles & Cases
- Consent Order
- 11 Oct 2023
- Hayder Shkara
Absolutely! Consent Orders are legally binding agreements stamped and sealed by the Court.
They can refer to both parenting and property settlement matters. When parties reach an agreement, they can ask the Court to issue a Consent Order based on that agreement.
Consent order contrasts with court orders, which a judge can make without the parties’ consent.
Consequences of Not Following a Consent Order
If a party breaches or disregards a Consent Order, the Court can enforce it.
This means that if someone doesn’t stick to the terms of the order, they could face legal consequences.
It’s essential to understand and comply with the stipulations of a Consent Order to avoid potential legal repercussions.
Advantages of a Consent Order
- Legally Binding: Once stamped and sealed by the Court, Consent Orders are as binding as any other court order. This ensures that all parties are held accountable to the terms set within the order.
- Tax Benefits: If the Consent Orders are about property or financial matters, there can be tax benefits, such as exemptions from stamp duty on property transfers or capital gains tax. These benefits can significantly reduce financial burdens during asset divisions.
- Flexibility: Consent Orders offer a way for parties to come to an agreement that suits their unique circumstances without needing a lengthy court battle. This approach fosters collaboration and reduces potential animosity between parties.
- Finality: Once the Court’s seal is placed on the Consent Orders, they are final and can only be changed under specific circumstances. This provides both parties with a sense of closure and clarity moving forward.
Disadvantages of a Consent Order
- Requires Agreement: Both parties must agree on the terms, which can sometimes be challenging, especially in contentious separations.
- May Not Cover All Aspects: While Consent Orders can address many issues, they might only cover some nuances of a particular situation.
Helping Our Clients
After a decade together, our client and his partner decided to part ways.
With two children and shared assets, including a joint business, the stakes were high.
Our client approached our firm, hoping for an amicable resolution without the emotional and financial toll of a court battle.
Our team suggested mediation, aiming to craft Consent Orders that would encapsulate both parties’ wishes.
The sessions focused on the children’s well-being and an equitable asset division.
After several discussions, a shared custody agreement emerged, ensuring both parents remained integral in their children’s lives.
Financially, our client retained the family home while his partner secured a significant portion of their business.
Investments were divided to ensure both had a safety net.
The drafted Consent Orders were submitted to the Court, reflecting their mutual agreement.
With the Court’s approval, they became legally binding, providing clarity and structure for the future.
Seek Legal Advice
Consent Orders play a crucial role in Australian family law, offering a way for parties to formalise their agreements in a legally binding manner.
They provide a flexible alternative to traditional court orders, allowing parties to come to terms that suit their unique circumstances.
However, it’s essential to approach them clearly and, if possible, seek legal advice to protect all parties’ rights and interests.
- IVO
- 7 Nov 2023
- and Hayder Shkara
Knowing what to do if someone is stalking you is crucial for your safety and well-being.
It’s important to take immediate action, such as documenting any incidents, informing trusted individuals, contacting law enforcement, and seeking support from professionals or organizations specializing in dealing with stalking situations.
The first step is to trust your instincts; if something feels off or you feel threatened, it’s crucial to act on those feelings.
Immediately report the matter to the police, providing them with as much detail as possible.
This can include times, dates, locations, and the nature of the stalking behaviour. If there’s an immediate threat to your safety, don’t hesitate to call emergency services.
In today’s digital age, stalking can also occur online. If you’re receiving threatening messages, unwanted contact, or notice someone persistently tracking your online activities, it’s considered cyberstalking.
Report such incidents through cybercrime channels, and consider enhancing your online privacy settings.
It’s essential to remember that stalking, whether in-person or online, is a crime in Australia.
You have every right to seek protection, legal recourse, and support services to ensure your safety and well-being.
Also read: Domestic Violence Penalties: 5 Important Factors
Stalking Definition
Stalking is defined as a series of behaviours where someone imposes themselves into another person’s life, causing distress, fear, and disruption.
Most victims often know their stalkers, with ex-partners being common perpetrators.
Stalkers aim to exert power over their victims, often as a form of ‘punishment’ for perceived wrongs or simply to control their lives.
🔑 Key takeaway: Stalking can be perpetrated by someone you know or even a stranger. Recognising the signs early can help in addressing the situation.
Signs of Stalking
Stalking can manifest in various ways, including following a person, loitering near their workplace or residence, repeated unwanted contact, and even intimidation or harassment.
Some actions might seem harmless, like sending unwanted flowers, but when these actions instil fear or distress, they can be considered stalking.
Cyberstalking, using technology like mobile phones or social media platforms, is also prevalent.
🔑 Key takeaway: Stalking isn’t just physical; it can also be digital. It’s essential to be aware of both forms and take them seriously.
Stalking Consequences
In Australia, stalking is a crime across all states and territories. The penalties can be severe, with up to five years imprisonment for standard cases.
However, if the stalker uses violence, possesses a weapon, or breaches a restraining order, the penalty can extend to seven years.
If you’re being stalked, collecting evidence is crucial, as it can aid in legal proceedings and help in obtaining intervention orders.
🔑 Key takeaway: The law is on the side of stalking victims. Gathering evidence and understanding your rights can aid in legal battles.
Seeking Guidance for Stalking Situation
If you’re a victim of stalking, numerous services can offer emotional support and practical advice. It’s vital to reach out as soon as you feel threatened.
If the stalker is someone you had an intimate relationship with or is a family member, consider seeking advice about a domestic violence order.
In other scenarios, especially when violence or threats are involved, a peace and good behaviour order might be more appropriate.
🔑 Key takeaway: You’re not alone. Numerous services and legal avenues can help protect you from stalkers.
Stalking is a grave issue in Australia, but with awareness, legal support, and community resources, victims can find safety and justice.
Always remember to prioritise your safety and seek help when needed.
- De Facto
- 4 Oct 2023
- Hayder Shkara
Ending a defacto relationship Vic can be a complex process.
While it may not involve the formalities of a divorce, there are still legal considerations to keep in mind.
It’s a big step, and while it might be emotionally draining, there are some practical things you need to sort out.
Here are the things you need to do should you consider ending a de facto relationship.
Ending a DeFacto Relationship Vic
Step 1: Communication is Key
The first step in ending a de facto relationship is communication. One party must inform the other that they wish to end the relationship.
Unlike marriage, there’s no formal process like divorce for de facto relationships.
Step 2: Seek Legal Advice
Before you start dividing assets or making big decisions, it’s a good idea to consult a family lawyer.
They can guide you through the legal aspects of ending a de facto relationship, such as property division and child custody.
Step 3: Financial Inventory
Make a list of all shared and individual assets and debts. This includes bank accounts, property, vehicles, and personal items like jewellery.
This will be crucial when it comes to dividing assets.
Step 4: Property and Financial Settlement
You can either agree on how to divide assets and debts amicably or seek legal intervention. If you opt for the latter, you may need to formalise the agreement through a financial agreement or a consent order from the court.
Step 5: Parenting Arrangements
If you have children, you’ll need to sort out custody arrangements. This can be done amicably through family dispute resolution or court orders.
The focus should be on what’s best for the children.
Step 6: Update Legal Documents
Remember to update your will, power of attorney, and any other legal documents that may be affected by the end of your relationship.
Step 7: Maintenance Requests
If one partner is financially dependent on the other, they may be entitled to maintenance. Discuss this openly or consult your lawyer for advice.
Step 8: Time Limits
Remember, you have two years from the date of separation to apply for property and financial settlements.
After this period, you’ll need the court’s permission to apply.
Step 9: Emotional Support
Ending a relationship is emotionally taxing. Don’t hesitate to seek emotional support from friends, family, or professional counsellors.
What Constitutes a De Facto Relationship?
A de facto relationship is defined as two people living together on a genuine domestic basis but are not legally married.
The relationship can be between heterosexual or same-sex couples.
Courts consider various factors like the duration of the relationship, financial dependence, and public perception to determine the existence of a de facto relationship.
Legal Rights and Obligations: Ending a DeFacto Relationship Vic
Even if you’re not legally married, you’re still protected under the Family Law Act 1975.
You may need to divide property, assets, and debts. Both parties may be entitled to a share of the assets if the relationship lasted two years or more or if children are involved.
Always Consult Legal Professionals
Ending a de facto relationship in Victoria involves more than just emotional separation. Legal aspects like property division, child custody, and financial settlements can’t be ignored.
It’s advisable to consult legal professionals to ensure the separation process is as smooth as possible.
- Custody
- 11 Jun 2023
- Hayder Shkara
Child custody disputes are emotionally challenging for all parties involved. However, it’s essential to understand that going to court may not always be necessary to establish full child custody in Australia.
How to get child custody without going to court? While each case is unique and subject to the specific circumstances of the parents and the child, this article aims to provide an overview of alternative avenues that parents can explore to potentially secure full child custody without resorting to litigation.
Alternatives for Getting Full Child Custody Without Going to Court
When it comes to child custody disputes, many parents understandably hope to avoid the adversarial and often lengthy process of going to court. Fortunately, there are alternative avenues available for parents seeking to establish full child custody without the need for litigation.
How to get child custody without going to court? In this section, we will explore various options such as parenting plans, consent orders, the involvement of Independent Children’s Lawyers, and the collaborative law approach, providing insights into how these alternatives can help parents achieve full child custody outside the courtroom.
Here are your options:
- Negotiation and Mediation: In Australia, the Family Law Act 1975 encourages parents to resolve custody matters through negotiation and mediation, considering the best interests of the child as the primary consideration. This approach can help avoid the need for court intervention and provide a more amicable solution for everyone involved.
- Parenting Plans: Parents can create a parenting plan that outlines the agreed-upon custody arrangements for their child without court involvement. A parenting plan is a written document that covers aspects such as living arrangements, visitation schedules, decision-making responsibilities, and other important factors concerning the child’s upbringing. Although not legally binding, courts generally consider a well-documented and mutually agreed-upon parenting plan as persuasive evidence if a dispute arises in the future.
- Consent Orders: For a more legally binding arrangement without going to court, parents can apply for consent orders through the Family Court of Australia or the Federal Circuit Court. Consent orders formalise the agreed-upon parenting arrangements, converting them into legally enforceable orders. Both parents must sign the consent orders, and the court will review the document to ensure it is in the best interests of the child before approving it.
- Collaborative Law: Collaborative law is another alternative dispute resolution method that aims to keep the matter out of court. It involves both parents and their respective child custody lawyers committing to working together to reach an agreement. Collaborative law can be effective in fostering open communication, minimising conflict, and promoting a cooperative approach to child custody matters.
How We Can Help You
From the perspective of a prominent family law firm, the challenge of assisting clients in custody battles without resorting to court litigation requires a delicate balance of legal expertise and mediation skills. When Laura approached our firm amid a contentious custody dispute, we understood her concerns and immediately set to work. She was eager to learn how to get child custody without going to court.
By facilitating open and honest discussions, we guided Laura and her ex-spouse towards finding common ground. Together, we crafted a comprehensive parenting plan that prioritised the best interests of their child. We then assisted Laura in applying for consent orders, ensuring legal enforceability while avoiding court proceedings.
Thanks to our alternative approach, Laura and her ex-spouse successfully obtained full child custody, preserving their co-parenting relationship and prioritising their child’s well-being. This case exemplifies our commitment to providing compassionate and effective solutions, achieving positive outcomes for our clients without the need for court intervention.
Consult with Family Lawyers
While going to court may be necessary in some contentious child custody cases, it’s crucial to remember that alternative options are available.
Negotiation, parenting plans and consent orders are just a few ways how to get child custody without going to court
Parents should consult with a qualified family lawyer to understand the specific legal requirements and processes in their particular situation and strive to prioritise the best interests of the child throughout the decision-making process.
- Uncategorized
- 25 Sep 2022
- Hayder Shkara
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- Custody
- 27 May 2023
- Hayder Shkara
When involved in a custody case, presenting best evidence for child custody is crucial to support your claims.
Evidence plays a vital role in demonstrating your ability to provide a safe and nurturing environment for your child.
In this article, we will discuss the essential types of evidence you should gather and present in a custody case to strengthen your position and increase your chances of achieving a favourable outcome.
Importance of Evidence for Child Custody
Presenting evidence for custody case is crucial as it provides factual support for your claims and helps establish the best interests of your child.
Evidence demonstrates your ability to provide a safe and nurturing environment, your involvement in your child’s life, and your commitment to their well-being.
It can include documents, witness testimonies, expert opinions, communication records, and visual evidence.
By presenting compelling evidence, you can strengthen your case, sway the court’s decision in your favour, and ultimately secure a custody arrangement that prioritises the welfare and happiness of your child.
6 Helpful Pieces of Evidence for Child Custody Case
If you’re wondering what you need to prepare as the best evidence for child custody case, this list will provide you with an overview of the different types of evidence that can strengthen your case and help protect the best interests oyour child.
- Documentation of Child’s Well-being: To establish your commitment to your child’s welfare, gather important documents such as school records, medical records, and records of extracurricular activities. These documents can demonstrate your involvement in your child’s education, healthcare, and overall development.
- Witness Testimonies: Testimonies from credible witnesses who have observed your interactions with your child, or have observed interactions with your child and the other parent or specific incidents, can be highly persuasive. These witnesses may include relatives, friends, teachers, coaches, or daycare providers who have firsthand knowledge of your relationship with your child.
- Documentation of Parenting Efforts: Demonstrating your active involvement in your child’s life is crucial. Maintain a detailed record of your parenting efforts, including schedules of visitation, attendance at school events, extracurricular activities, and any special moments shared with your child.
- Communication Records: Maintain records of all communication with the other parent regarding important decisions or concerns regarding your child’s well-being. These records can include emails, text messages, or letters, showing your willingness to cooperate and communicate effectively.
- Expert Opinions: In some cases, seeking expert opinions can be highly valuable. Consult with professionals such as child psychologists, therapists, or counsellors who can evaluate your child’s emotional well-being and provide expert reports that support your claims.
- Photographs and Videos: Visual evidence, such as photographs and videos, can provide a powerful illustration of your bond with your child and the quality of time spent together. Capture moments that showcase happy and healthy interactions between you and your child.
Assisting Our Clients: Evidence for Custody Case
Jennifer sought our assistance in her custody battle, deeply concerned about her children’s well-being under her ex-spouse’s care. Recognising the importance of evidence, we assured Jennifer that we would help her build a compelling case.
After thorough discussions, we identified key evidence to support Jennifer’s claims and advised her to document incidents and conversations relevant to her children and ex-spouse. We compiled documents such as school records, medical reports, and financial statements, showcasing Jennifer’s commitment to her children’s stability and nurturing.
To strengthen her case, we gathered witness testimonies from teachers, neighbours, and friends who could attest to the children’s interactions with their father. Additionally, we enlisted the expertise of a child psychologist, who assessed the impact of the ex-spouse’s behaviour on the children’s emotional well-being.
Throughout the process, we provided guidance, emphasising the need for composure and consistency. We prepared Jennifer for court proceedings, ensuring she was well-equipped to present herself effectively.
Ultimately, our efforts proved fruitful. The court recognised the weight of the evidence we presented, granting Jennifer primary custody of her children. Witnessing Jennifer’s relief and joy upon receiving this favourable outcome was immensely rewarding.
In a custody case, presenting compelling evidence is essential to demonstrate your ability to provide a nurturing and stable environment for your child. By gathering and presenting documentation of your child’s well-being, witness testimonies, character references, parenting efforts, communication records, expert opinions, and visual evidence, you can strengthen your case and increase your chances of a favourable custody arrangement.
Consulting with a knowledgeable child custody lawyer can provide valuable guidance throughout the process, ensuring that you present your evidence effectively and protect your child’s best interests.
