Family Law

Nearly everyone in Australia is affected one way or another by a Family breakdown. Parents, Children, Grandparents, Third Parties are all able to seek assistance under ther Family Law Act.

With an Accredited Family Law Specialist in Barbara Campbell and access to top barristers and experts from Canberra and Sydney, our connections, maturity and experience mean that you receive total service.

CHILDREN

So many parents let their pain overtake the overriding legal principle of putting the children's best interests first. We aim to re-focus clients empathetically.

Media based information is not always what it appears to be: The changes in the law relate to a presumption of "SHARED RESPONSIBILITY" and not shared care as so many people are assuming.

Both parents must share the responsibility for the children - this was always the case. The courts will still focus primarily on what is the children's best interests above what is in the parent's interests. This was shown to be the case in the first Full Court decision on the new terminology - Goode and Goode [2006] FAM CA 1346. Since the leglislative changes, things are beginning to settle down but at least we are seeing the focus return to the children by both parents more than in the past.

Please note that the court PRESUMES that both parents have equal shared parental responsibility. This does not have to be spelt out in any Orders: it is there automatically even if you are making Consent Orders or obtaining and negotiating other Orders about with whom your children will live and spend time with. What is not understood by many is that this responsibility relates to aspects of your chidren's lives such as their Education, Religion, and significant Medical decisions: not what time they go to bed when living or staying with you.

Campbell & Co. Lawyers aim to allow you to make the right decision about your children without handing it over to the Court. We have access to top child psychologists whom we can engage to assist in the more difficult matters.

Often the use of the Courts results in access to their experts and resolution of your matter at an early stage.

The Family Court has introduced a new child-focussed programme and in all FAMILY COURTS, the LAT type of hearing is compulsory. [Less Adversarial Trial] whereby a matter is run before a Judge who is able to address and question the parties directly AND lets you, the client speak directly to him about your concerns, proposals and the issues.

Remember, your children's issues are dealt with under the Family Law Act [1975] whether or not you and your partner were married.

PROPERTY

Remember it matters not whose name the property is in: The Family Court views it all as available for examining under Section 79 of the Family Law Act (1975).

At your first conference with our lawyers, you will be shown clearly how the Court would look at dividing your property and what possible outcomes you could expect.

We aim to finalise your matter as inexpensively and expeditiously as possible – we have too many clients to press you into litigating unnecessarly. However, we will not hesitate to use the Court system to progress your matter if the other party is delaying or being obstructionist.

There are currently so many changes to the Family Law Act [1975] we will constantly update this page and our NEWS ITEMS OF INTEREST page.

DOMESTIC & DEFACTO LAW ADVICE

Despite the Family Law Act (1975) being a Commonwealth Act and applicable all over Australia [save for W.A. which has its own Act] each state had until recently, its own Domestic Relationship Act. Now many states have referred their power to handle non-married couples property matters to the Family Court.
IN THE Australian Capital Territory you may elect to have your matter dealt with in the Family Court especially if you are dealing with a children's issue as well as property.

Our firm also assists many same-sex couples who are not and still not likely to be covered under the Family Law Act (1975). Such couples will remain within the jurisdiction of your state or territory.

For second-timers click on PREVENTATIVE LAW to read about those very useful Agreements : Co-Habitation Agreements and Binding Financial Agreements. These can save you much heart-ache and legal fees later in the event your relationship or marriage breaks down.
We complete may BFA's and strongly advise clients to utilise the protection these and Co-Habitation Agreements give.

___________________________