Family Litigation Lawyers on the Sunshine Coast
In some circumstances, if agreement cannot be reached and it is impossible to reach certainty or finality with regard to the property, financial and parenting issues between you and your former partner, then going to court will bring resolution where otherwise you might be disadvantaged or without closure.
While litigation is a good option in some cases, going to court is a costly, lengthy and stressful route to take. The Court will make decisions for you according to caselaw, and legislation giving regard to your circumstances. The Court will concern itself with what is in the best interests of the children, and with the division of your assets. Depending on your circumstances, an Independent Children’s Lawyer may be appointed to ensure that the needs and best interests of your child or children are front and centre in the consideration of your parenting arrangements.
When you need comprehensive, respectful, robust representation for your Family Law Litigation
The time-served legal team at Anumis is available to assist with all aspects of family litigation for Sunshine Coast clients. We cover family litigation matters including the following:
We offer legal counsel on all aspects of family law, providing assistance at all stages of proceedings and across the full range of family litigation cases.
Examples Of Family Law Litigation Cases We Manage
Here at Anumis Legal, we can assist you with all types of family law cases. Expand the dropdown boxes below to learn more about some of our more common litigation cases:
Breaches of an existing Order
Where Orders are in place and there has been a breach of those Orders, the Family matter may require litigation to resolve the breaches. This may mean, if the circumstances of the matter allow, that the Orders can be opened up and a fresh set of Orders either agreed by both parents, or if the parents cannot agree then Orders are made by the Court.
Application for a Relocation Order
Where a parent wishes to relocate, we may need to apply for a relocation Order, or where a parent relocates without an Order in place that allows for this, the Court may need to intervene in order to ensure that the children can maintain a relationship with both parents. The paramount focus of the Court is the best interests of the children.
Parental Alienation cases
In some cases, one parent may alienate the child or children to the extent that it is impossible for the other parent to continue to have a meaningful relationship with the child or children. Parental alienation can require Court intervention. In cases of this nature, it may be necessary for a Family Report or Child Impact Report to be made and an Independent Children’s Lawyer to be appointed to assess how the child or children are being affected.
Custody and access arrangements and disputes
When parents separate, both parents are the most significant people in their child or children’s life. In an ideal world, where there are no risk or safety issues for the children the optimal arrangements are those where the children can maintain a meaningful relationship with both parents, both parents share responsibility for the children and the child lives in a safe environment that is free from abuse and or violence. In circumstances where children are at risk or unsafe, then it is important for swift action to be taken to protect them and ensure they are emotionally, physically, and mentally nurtured and protected. At Anumis Legal, we take this part of our duty to the Court and our community very seriously and as such some of the most rewarding and profound litigation we do is to ensure that children are safe and can retain meaningful relationships with their parents where appropriate.
Spousal and child maintenance arrangements and disputes
When separated parents cannot agree if there is a responsibility incumbent on one or other to financially support or maintain the other after separation, an application can be made to the court to rule on this point. In general, spousal maintenance will need to be paid if one parent cannot support themselves and the other has the capacity to contribute to their support. Spousal maintenance may be available to you if you are separated or divorced from your spouse or separated from a defacto partner after 1 March 2009. A good time to agree spousal maintenance is when you are negotiating your property settlement. If no agreement can be reached, then this is an area that the Court can step in and make a decision.
Child maintenance is not spousal maintenance. Child support is a payment made by one or both parents to the other to contribute to the cost of caring for the children. Sometimes, child support is paid by one or both parents to someone else who is taking care of the children. Either parents can make child support agreements or they can apply to the Department of Human Services (Child Support) (DHS) for an administrative assessment.
The DHS applies a formula to calculate how much child support you must pay or receive. Factors that are considered include:
- the children’s ages
- both parent’s incomes
- the number of children
- how much money you need to support yourself
- the percentage of care each parent provides to the children
If you and your former partner cannot agree on Child Support, it is important to get legal advice.
Variations to an existing Order
If you wish to change an existing parenting order, you will need to demonstrate to the court that there has been a significant change of circumstances that makes the change you are seeking necessary.
Whether you are considering applying for a change, or if you have been approached about changing an order, it is important to think carefully about whether the proposed change is in the best interests of the child or children.
If you are in agreement with the changes(s)you can:
- enter into a parenting plan; or
- sign draft consent orders, that the Court can consider, approve and make into orders without you having to appear in court.
If you oppose the change(s) and you think there has been a significant change in circumstances which makes a change to the orders necessary, then you need to make an application to the court for parenting orders as if you were applying for the first time.
Compliance and Enforcement
When the Court makes a financial order, each person affected must follow that order. If you think that another person has not complied with an Order, then you can apply to the Court. Family law orders are not automatically enforced. You or your lawyer will need to inform the Court of the issue and then the Court will decide if an order is required to enforce the existing order.
Why it’s vital to have an expert litigator on your side
The breakdown of a relationship is almost always an emotional time, so making decisions that have long-lasting consequences for you and your children can be a challenge. An experienced litigator ensures your views and wishes are adequately represented throughout negotiations over access, who the child or children live with and spend time with, and maintenance. Experienced, family law litigators will know what type of se1px0ttlement is most likely to be accepted by the court, as well as provide the advice support and information you need during this trying period.
In court, a seasoned litigator will know what questions to ask of the other party, ensuring your case is put forward in the most convincing manner. In order for you to know your options and obligations and to get a realistic idea of what the court is likely to find, instruct a family law litigator you can trust. Experienced legal professionals provide high-grade advice, recommendations and provide you with the information you need to optimise your chances of getting the outcomes you are looking for.
If you chose to embark on litigation, it is wise to fully understand what the Court can deliver and the emotional and financial cost of court proceedings. Sometimes, commencing Court proceedings is the only way to achieve closure and a game plan to move forward. Even if Court proceedings have started, there are multiple opportunities to settle your dispute and to find unique solutions that work for you, your children and your family. If litigation is the path you are on, buckle up for a potentially bumpy ride that will take time, patience and resources.
Why it’s important to try to avoid litigation
Where possible, we recommend attempting to settle your parenting arrangements including access, with whom your child or children live and spend significant time and your maintenance issues through mediation and negotiation. Unfortunately, litigation tends to perpetuate an adversarial attitude between the parties, which in turn can mean that the settlement process can drag on for months, even years delayed by court appearances. Furthermore, litigation is expensive and may not always deliver the outcomes you are looking for.
Once a family matter reaches court, there is less room for flexible solutions to be found and relationships between the parties often worsen, which is a poor result when children are involved.
In Australia, there is a no-fault system. The Court does not interest itself in blame or taking sides. The Court is not there to slap your former partner on the wrist for having an affair, squandering marital funds or feeding your children sugary foods. The Court cannot give you back the years you spent working hard, without appreciation. The Court cannot censure your former partner for behaving badly, betrayal or bossing you around.
At Anumis Legal we have a meticulous approach to litigation as well as all areas of family law. We strive to lay out your options in ways that you understand. We welcome your questions. You are kept informed all the way and we take your instructions seriously. We appreciate that you know your life better than anyone else. And we know and apply the law. That means you will always get frank advice. Every step of the way we are fully transparent so you know how much court proceedings are likely to cost you.
Situations where we recommend litigation
Although we advocate negotiation and mediation where possible, we also recognise that there are some situations where litigation is the most suitable course. In court, our legal professionals will use their knowledge and expertise to represent you in a respectful, robust, determined manner. Some of the circumstances where litigation is appropriate include:
Where a child is at risk
For urgent family law matters
To resolve the breach of an Order
To apply for a relocation order
To change the existing Orders
Where mediation has been unsuccessful or is unsuitable
Where the matter is complicated and a decision on a point of law may be required
We can advise, negotiate and litigate for you
At Anumis Legal, our team are well versed in the art of advocacy and will prepare to represent you in Court fairly, fiercely and formidably. Where necessary we may advise that you appoint Counsel. If this is right for you, we work with barristers experienced in the specific areas of law and litigation, depending on your specific needs.
On 1 September 2021, the Federal Circuit Court and the Family Court merged to form the Federal Circuit and Family Court of Australia (FCFCoA). The ‘new’ FCFCoA has not only appointed additional justices and registrars, it has also implemented fresh central principles, aimed at delivering a more cost effective, efficient and faster family law system. There are new forms, procedures and rules to follow, and so now, even more than previously, it is imperative that you get the most up to date legal advice in your family law matter.
Meet Our Team
Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.
Nadine Love holds a Master’s Degree in Dramatherapy. In her earlier career as an author, mentor and trainer through her books, products, and coaching services she assisted people to transform their personal and professional lives to find confidence, clarity, success, and wellbeing. Nadine was awarded the 2020 NSW Bar Association Prize for Civil Litigation and Evidence.
You can depend on our Commercial Law and Family Law firm to get to know you and your needs in depth. Our expert legal advice, courteously tailored to your specific circumstances, is at your right hand to that you can make well informed choices round the clock. We have your back.
To make your appointment or for further information: firstname.lastname@example.org
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