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Queensland Family Law– Children and Parenting Orders

Queensland Family Law– Children and Parenting Orders

The breakdown of a relationship is a time that can be mentally, physically and emotionally draining. Issues arising after separation can vary depending on the length, degeneration and current state of the relationship.  It is important that individuals understand their legal rights post separation and become aware of the appropriate procedures for entering into an agreement in relation to any family law matter, particularly when these matters involve children and property settlement.  

The rules and regulations governing Queensland Family Law are complex and can be difficult to understand. We here at MacGregor O’Reilly Nash (MON) Solicitors understand that you may be experiencing both emotional and financial stress during the period of post separation, and seek to explain your position in a clear and concise way. 

When a couple has separated and there are children and property involved, it is common for a dispute to arise in relation to the care of the children and the division of the property pool. Depending upon the nature of the relationship, you or your ex-partner may find it difficult to come to a satisfactory resolution. In this circumstance, the next step is to apply to the Federal Court for Property and Parenting Orders.

Court Proceedings – What are your first steps?

Before making an Initiating Application to the Court it is important to sit down with your Solicitor and explain the history and nature of the relationship. In situations where an individual does not give a detailed explanation of the facts, it becomes difficult to be prepared in Court. Here at MON Solicitors we are dedicated to providing appropriate legal advice to determine an outcome that is satisfactory for our clients and reasonable in the eyes of the court having consideration of previous decisions regarding Queensland Family Law. 

An application to the Federal Court may be made by yourself or your ex-partner. Each applicant is required to submit an Affidavit along with the Initiating Application to the Court for review. Once an Application has been sealed by the Court, a hearing date is scheduled and the other party is given notice. Queensland Family Law requires the responding party to respond within fourteen days of receiving notice of the Application.

Prior to the Court hearing you may come to an agreement with your ex-partner on some or all of the outstanding issues. Here at MON Solicitors it is our priority to resolve disputes outside of the Court and we will often negotiate with the Solicitor on the other side to come to an agreement before the scheduled hearing. In the circumstance where some form of an agreement is reached, Consent orders are drafted and presented at the hearing to be sealed by the Court.

Court Proceedings – MacGregor O’Reilly Nash Solicitors Before the Court 

It is important for you to explain all factors of your past relationship to your Lawyer when making an application to the Court regarding Queensland Family Law.

In a recent Federal Circuit Court hearing we represented a client in a Queensland Family Law matter regarding parenting orders and a property settlement. Before the hearing we had negotiated and agreed upon Final Parenting Orders and Interim Property Orders (Interim order are orders agreed upon until further orders are made). The Court addressed the outstanding issues that the parties had failed to agree upon.

When addressing the issues, the Court queried the Solicitors on both sides regarding the history and particulars of the relationship. We had met with our client on many occasions and had an in depth understanding of everything that had occurred throughout the relationship and had a sound understanding of the facts of the relationship and had spent satisfactory time with the Client.

We here at MON Solicitors take the time out to listen to our Clients and have consideration to all relevant facts and circumstances of the relationship to ensure that we have an in depth understanding of the events that have occurred when representing our Client in court.

-          Article by MON Solicitors