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For the recently separated, I'd highly recommend finding a copy and reading the book "Fathers after Divorce", by Michael Green QC. The author himself has been through separation and has been a involved in the Australian Family Law legal system for many years. Very informative and very well worth the read. The book explains in plain English what to expect and gives very good advice on what to do. Don't EVER think "It won't happen to me". I didn't, and it did. FACT: Over 30% of marriages fail. Document EVERYTHING! Trust no-one. Basically, if it is not recorded, it never happened. Keep dated diaries and have them regularly signed by a person such as a Justice of the Peace, solicitor, police officer, etc. IF you eventually have to go to court, you will find these invaluable. Where possible, try and resolve problems with the other parent, otherwise enlist the services of an unbiased family law mediator. If that fails, at least you have tried for the sake of the kids. The legal system is based on conflict. Conflict is NOT best for children, and they should remain unaware and away from ANY conflict. Always remember - Kids love and want contact with BOTH parents. Most children are often too young to fight for themselves for what they want. Be prepared to carry the fight for them so that they may continue to know their father (or mother) if the other parent turns nasty and attempts to stop contact between the children and the other parent. This does NOT mean by violence. Be prepared to represent yourself in Family Court - while a solicitor maybe best to represent the legal ignorant, they are normally not the best to represent your interests! |
Hiring a legal representative - A legal representative has to REPRESENT you and your goals. If your legal practitioner is not working for you - dismiss them. Either find one that will work for you or learn to represent yourself. Do NOT let your legal representative tell YOU how to run your case - they can only advise you on the best way to approach a case. The FINAL decision rests with YOU. Be informed! Some Australian legal practitioners will not tell you there are two scales of fees - theirs and the scale under the Australian Family Law Act. Failure by the legal practitioner to notify you of this is a breach of Family Court Rules. |
JJ CaMeKa - an Aussie Dad's Website |
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International CREATIVITY SUMMIT for Children~Parents~Families to be held in the beautiful Newcastle Region 11-13 July 2008 |