Hopefully, you have been keeping up to date with our previous blogs in relation to Family Violence Restraining Orders (“FVRO”).
If not, you can easily access them by clicking here.
This blog will be focused on FVRO’s and how they can affect financial issues.
As a firm specialising in family law and wills and estate matters, we see the impact that separation, death and family disputes have on people of all walks of life, every day. There is a known link between serious life events such as these, having a substantial impact on personal wellbeing, often for prolonged periods of time.
These issues permeate our society and today, we would like to remind our clients and our wider network that it is okay to talk, and there are always avenues and people who are willing and able to help you.
So, you can no longer see your children, because you are subject to a Family Violence Restraining Order (“FVRO”) that extends to, and protects, your children. What are your options?
There is an exception allowing you to live with, spend time with, or communicate with your children, as long as there are Family Court Orders in place, allowing you to do this.
The Scenarios….what might happen and how do I deal with it?
There is an overlap with Family Law and Criminal Law in the form of Family Violence Restraining Orders (“FVRO”). At Butlers, we are able to assist you with obtaining an FVRO or can represent you, if you are the person receiving the FVRO. Over the next four blogs we outline some of the common scenarios faced by people who obtain or receive an FVRO.
Part 1 - Criminal Law and Family Law Intersection
The neighbour next door is divorcing his wife.
Imagine this – you and your husband, wife or partner have separated. You haven’t obtained a Court Order specifying who keeps what because you simply don’t think you need one, or, maybe you just haven’t gotten around to it yet. You check your Oz Lotto ticket to find you’ve won – big. Or, perhaps a loved one has passed on and left you an inheritance in their Will. You’re thinking “Surely my ex doesn’t have a right to this money…. Do they?”
The answer depends – in some cases they will, and in others they won’t.
How to get the work/life balance is a never-ending debate and, in my mind, there is no right or wrong answer! The majority of us are at least able to work and live in the same town, city or country and can return home to our families and loved ones after a day at work… however long that day may be!
It's true that any communication between you and your lawyer is confidential. It cannot be divulged, discussed or provided to other people or the Courts. This concept is known as Legal Professional Privilege or for the sake of this blog, LPP. It's the backbone of the honest relationship a lawyer and their client must have at all times. But did you know LPP can be waived or lost? Did you know that your former-wife, husband or partner may be able to access the entirety of your Family Law file once you die? Here’s how and, more importantly, how to prevent it.
Married at First Sight – what could go wrong?!
Married At First Sight – the series we all love to hate and hate to love. With many people sick of choosing the wrong person for themselves time and time again, often via their online dating accounts, you can forgive some for thinking that, just maybe, these modern-day arranged marriages are the way of the future. And who can blame them with unlikely love birds like Telv and Sarah flaunting their love on national television?!
It is a common scenario here in Western Australia to hear of two parents from different continents. It’s likely you all know someone, or someone who knows someone from England, Ireland or Scotland who has moved over, settled down with an Australian and had a couple of kids. Let’s face it for a while there us pommes were taking over.
However, what happens when things go wrong and one parent decides to move home, with the child?
Unless you’ve been living under a rock, you would be aware that late last year, the Marriage Act was amended to change the legal definition of marriage from being a “union of a man and a woman” to a “union of two people”. On the face of it, this seems like a fairly simple change.
When the Family Court has to be involved in the medical treatment of children, it is unlikely that there will be an easy (or happy) outcome.
This year, in the United Kingdom, the case of Charlie Gard attracted a significant amount of media attention. Many public figures and celebrities sent tributes to Charlie’s parents, including Pope Francis, after learning of Charlie’s passing.
If you have not heard about it, here is a quick summary:
On 4 August 2016, Charlie Gard was born to new parents, Chris Gard and Connie Yates;
The long awaited decision in Thorne & Kennedy has today been delivered by the High Court.
Background
The case concerned Ms Thorne an Eastern European woman living in the Middle East who, at 36 met Mr Kennedy, 67, online. Mr Kennedy was estimated to have personal wealth of between $18 million and $24 million.
They embarked on a relationship, with Ms Thorne moving to Australia to marry Mr Kennedy having been told that she would “have to sign paper”. Ms Thorne bought no assets with her.
Avoid legal limbo - create a valid will
The Public Trustee has revealed that 50 per cent of Western Australians over 40 do not have a valid will. With litigation regarding wills increasing in Australia, it’s become more important than ever to create a valid will using a suitably qualified, experienced solicitor.
Deadline - Did you know that the Family Court have a deadline for Orders regarding children’s living arrangements for Christmas?
For most every family, Christmas is a happy but also stressful time. Whether it is ensuring there are no gift double-ups, Santa’s true identity remains undiscovered, or that there are no pistachios in the salad as Aunty Laura’s allergic, chaos is a part and parcel of the end of the year.
When mum and dad are no longer together the co-ordination and logistics are even more challenging. And that’s when they are getting along.
In a recent Supreme Court Decision, Kenneth Martin J made the remark that society as a whole simply do not appreciate the importance of having a valid, up to date Will.
He stated that:
“Wider public educational efforts should be made to advance the general state of knowledge of the community on these matters, in my respectful view. This is an age where people outlay significant amounts on a regular basis to update their phones - so they are equipped with the latest technology. But a small outlay to correctly execute a will to secure potential benefits for loved ones and dependants should be an elevated priority. A person's last will is perhaps the most important document that they will ever sign in their lifetime. The long-term worth of leaving a valid will always exceeds the cost of a new electronic device.”
Deadline - Orders regarding children’s living arrangements for Christmas
For most every family, Christmas is a happy but also stressful time. Whether it is ensuring there are no gift double-ups, Santa’s true identity remains undiscovered, or that there are no pistachios in the salad as Aunty Laura’s allergic, chaos is a part and parcel of the end of the year.
When mum and dad are no longer together the co-ordination and logistics are even more challenging. And that’s when they are getting along.
When parents are embroiled in a Family Court dispute Christmas, New Year’s Eve and that lengthy summer school holiday period are often an issue which cannot be resolved by discussion alone.
Because so many estranged couples seek the assistance of the Court to determine how their children will celebrate the holidays and spend their school break the Court has strict rules regarding such applications. This year all applications seeking orders regarding children’s living arrangements for the 2016/2017 Christmas school holiday period must be filed before 4pm on Friday 11 November 2016.
The Family Law Team at Butlers are experienced in preparing and filing such applications and ready to help. Don’t leave it too late, contact us now!
Doyle’s Guide is considered a prestigious recognition in the Legal Industry as an independent guide to the legal profession in Australia that awards the best lawyers, barristers and law firms in the industry. Within each area of law, and for each State, rankings are allocated, identifying pre-eminent, leading and recommended practitioners. Further, the guide recognises law firms specialising in specific areas of law. What makes the guide special is the process by which these rankings are decided. Feedback is gained by counsel and peers practising in Australia, who identify firms and individuals through surveys, telephone and face to face interviews.
Butlers are proud to be recognised in Doyle's Guide for Leading Family & Divorce Law Firms – Western Australia, 2016 and John Butler, personally in Leading Family & Divorce Lawyers – Western Australia, 2016.
We look forward to continuing to offer our Clients exceptional service in all areas of Family Law and Wills & Estate Planning in Western Australia.
Ask anyone and they will tell you that now is the time for girls to run the world. For the first time ever, we’re staring down the barrel of women running the USA and the United Kingdom at the same time. Women have never been more powerful. Or have they?
We all know that it’s a well-accepted tradition in Australia that when a woman marries, she “assumes” the surname of the lucky man who bagged her. This is a tradition that stems all the way back to a time when a woman “belonged” to her husband, and her husband wanted everyone to know it.
Leaving on a jet plane….don’t know if they’ll be back again…..
The notion of a stranger dragging your child from you off the street is a scary thought for any parent; but what if the person taking your child is their mother or father? Many separated parents wouldn’t ever consider the idea that their former spouse would take their child and leave the country; sadly this isn’t the case for all and many parents live in fear of this exact thing happening every day. I cannot count the number of times I have had to rush down to Court on a Friday afternoon to get an Injunction preventing a parent from removing a child from the country……it’s a lot.
There are some things in life that are just so much better when they’re homemade. Like Mum’s secret recipe sponge cake with fresh strawberries. A hand knitted beanie. Or even a handmade birthday card from your 5 year old niece. But then there are some things that are just better left to the professionals.
Why is it that we’re more willing to let the experts take the reins on some things than others? I wouldn’t try to replace the chipped windscreen in my car, because I don’t have the tools or the skills to do it right – and if I don’t get it right the risk is that I will hurt myself (or even worse, someone else) and end up costing myself a lot more money than I would have forked out if I’d just left the job to the right people in the first place.
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