Brett Hartley, Director and Accredited Specialist (Family Law) has penned four eBooks to help people understand various aspects of Family Law in Australia; important things you need to know to help answer many questions that you might have.
Brett Hartley is an incredibly well respected Family Law Specialist in Brisbane, his expertise and knowledge in this field is of the highest calibre.
Below is an extract from 'The Essential Guide to Children and Family Law in Australia'. This eBook explains in easy to read english the important aspects of the law relating to children and Family Law in Australia.
The Essential Guide to Children and Family Law in Australia
It is often a sad and stressful time for parties when they separate. When children are involved the situation can become more upsetting and difficult to deal with.
Children are often described as the innocent victims of Divorce and this is always the case. However, the way in which parents react to and deal with their children post separation will have a major influence on their ability to cope with this traumatic time in their lives.
Unfortunately, most parents are unable to shield their children from their emotional stress, grievances, anger, depression, and other effects of separation. This failure by a parent to shield their child from such emotion and consequences lead to other more devastating effects on a child's development.
Often, a parent who separates believes that they are the only one who knows what to do for their child and that the other parent should have no say or influence. They are driven by hurt, anger, depression, revenge, or other motives and emotions. Therefore, whilst most parents believe they are acting in the best interests of their children, sadly this is not often the case. A child's ability to cope with separation and to develop in a healthy manner will only be enhanced if both parents adopt the following attitudes:-
- A determination to provide a happy and stress-free environment for the child when the child is in your care;
- A refusal to denigrate or talk in a negative fashion about the other parent whenever the child is in your presence;
- Demonstrating the ability to show respect and communicate with respect and dignity towards the other parent, especially in the presence of the child;
- To appreciate and recognise (despite one's personal feelings - however strong and negative towards the other parent) that your child needs that parent in his/her life and that this relationship should be promoted;
- An ability to say positive things in the child's presence about the other parent and not focus on the negatives;
- An absolute commitment to never expose your child to any negative feelings, thoughts or actions concerning the other parent; and
- Importantly, if the other parent does not share any of the above values or abilities then it becomes more important for you as the sensible parent to still promote such values and a positive environment when the child is with you.
In my twenty two years'experience as a Family Lawyer, I regularly hear parents tell me that they know what is best for their child. Often this means making decisions based on their own needs and enforcing those decisions upon their child. These beliefs are often genuinely held with good intentions. However, this is not often the case. Our Family Law system in Australia regarding children is one that now recognises, in legislation, the vital and critical importance of a child having meaningful and substantial relationships and communications with both of their parents. Subject to a few exceptions, in all circumstances, there is a presumption that the parents will have equal shared parental responsibility for a child.
The full eBook covers the following areas:-
- The concept and meaning of parental responsibility and equal shared parental responsibility;
- How a Court determines what is in the best interests of a child;
- Children's wishes - how are they taken into account?
- How does the court determine a parenting dispute?
- Non-litigation methods of resolving your dispute about your children - including counselling, Mediation and other methods;
- Relocation and recovery of children;
- The Independent Children's Lawyer - what do they do and what is their role?
- Family Reports - what are they for and how does one prepare for them?
- Parenting Orders and Parenting Plans; and
- A sample Parenting Order containing many detailed clauses as examples of the types of Orders that can be included in Parenting Orders or Parenting Plans.
To purchase the full ebook 'The Essential Guide to Children and Family Law in Australia' click here to make payment and download.