Davies & Co Lawyers in Nedlands, Western Australia | Estate planning solicitor

Davies & Co Lawyers

Locality: Nedlands, Western Australia

Phone: +61 8 6478 9400

Address: Unit 4A, 166 Stirling Highway 6009 Nedlands, WA, Australia

Website: https://www.daviescolawyers.com.au/

Likes: 49

Add/Update information

Reviews

Tags

• Estate planning solicitor
• Legal service
• Divorce & Family Lawyer

23.01.2022 How does the Family Court decide the outcome of parenting disputes? Parents and any other persons concerned with the care of children are encouraged to try and agree matters concerning the children in their care, and to use the legal system as a last resort rather than a first resort. This often means that the parties to a parenting dispute will be required to attend Family Dispute Resolution, to try and agree a parenting plan, prior to making an application to the Family Cou...rt for a parenting order. Before attending Family Dispute Resolution, the parties should consult with a Family Lawyer to help them understand how the Family Court would resolve their dispute in the absence of agreement. An understanding of the way in which the Family Court is required to approach parenting disputes and the types of parenting orders it can make, will often help the parties to put forward child and future focused proposals during Family Dispute Resolution, rather than proposals which are unreasonable, unworkable, and based on their own needs. The Family Law Act 1975 requires the Family Court to regard the best interests of the child as the paramount consideration when deciding what parenting orders to make, including whether parents should have equal shared parental responsibility and equal time or substantial and significant time with a child. When deciding what is in the best interest of a child, the Family Court is required to consider certain primary and additional considerations. Primary considerations * The benefit to the child of having a meaningful relationship with both of its parents; and * The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect, or family violence. Additional considerations * Any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the Family Court thinks are relevant to the weight it should give to the child’s views; * The nature of the child’s relationship with each parent and other persons; Read more here https://www.daviescolawyers.com.au/how-does-the-family-cou/

20.01.2022 Can a Parent Relocate With a Child to Another Location? It is not uncommon for people to consult a family lawyer about what happens following the breakdown of a relationship, where one parent wants to relocate with a child to another location. Some reasons for relocation are that one parent:... 1. Wants to return to the place they are originally from to be closer to family and friends; 2. Wants to progress their career and provide a better life for themselves and the child; or 3. Has entered a new relationship with a person who plans to move to or already lives in the new location. A parent wanting to relocate, cannot simply pack up and take the child with them. The first step should be to speak to the child’s other parent and see if there is any way they will consent to the relocation. The non-relocating parent may be more likely to consent, if they are offered more flexible time or longer periods of time with the child, particularly during school holidays. If the parents are having difficulty reaching an agreement, one option would be to attend ‘Family Dispute Resolution’. Family Dispute Resolution Practitioners have experience in dealing which such scenarios and may be able to offer solutions the parents have not considered. If the parents cannot reach an agreement, the only option left for the proposed relocating parent, is to make an application to the Family Court. Factors which the Court will weigh up when reaching a decision include but are not limited to: 1. The distance and accessibility of the new location in terms of both logistics and cost; 2. Whether the new location is within Australia or overseas; 3. The age of the child and quality of the relationship with the non-relocating parent and whether they can maintain a meaningful relationship if relocation orders are made; 4. The financial resources of the parents to facilitate consistent travel of the child, to visit the non-relocating parent; 5. The availability of accommodation that will provide the child suitable living conditions in either location. This may be influenced by a parent’s ability to obtain employment in either location and the flexibility of their working hours; 6. The effect the orders may have on a parent, particularly the main caregiver’s ability to function as a parent, particularly if they will suffer considerable anxiety and/or depression if relocation orders are not made; and 7. Whether it is an option for the other parent to also relocate to be closer to the child. In making its determination, the Court will be bound by the overarching principle that whatever orders it makes, must be in the best interests of the child.

16.01.2022 Mediation Services in Joondalup, WA We are highly qualified Mediators and Dispute Resolution Practitioners, providing Family Law Mediation and Family Dispute Re...solution Services in Joondalup and its surrounding suburbs, including Clarkson, Mindarie, Kinross, Burns Beach, Currambine, Iluka, Connolly, Ocean Reef, Mullaloo and Hillarys. We are able to provide ‘face to face’ appointments to clients at our head office in Nedlands as well as telephone and online services for clients who would prefer to engage with us from the comfort of their own home Our founder and Principal, Mark Davies, is admitted as a lawyer of the Supreme Court of Western Australia and a solicitor of the Supreme Court of England and Wales. Mark is a member of the Family Law Practitioners Association of Western Australia and a member of the Australian Institute of Family Law Arbitrators and Mediators. He is an accredited Family Dispute Resolution Practitioner. Children With a few exceptions, separating parents and interested family members are required to engage in a special form of Family Law Mediation, known as Family Dispute Resolution, prior to issuing Family Court proceedings, where they try and reach an agreement in relation to children. During the Family Dispute Resolution process we will assist parents and family members to try and agree a Parenting Plan, recognising that every family situation is different and that parents and family members know what works best for them and the children of the family and that parents and family members are more likely to abide by any agreement which they have reached themselves. If it is not possible for parents and family members to reach agreement, we can issue a certificate which allows Family Court proceedings to be issued. If Family Court proceedings have already been commenced, we can engage in Family Law Mediation with parents and family members to assist them to reach a try and reach a settlement in those proceedings and avoid the need for a trial. We often conduct Family Law Mediation in the presence of the lawyers appointed by parents and their family members. Property and Assets Family Law Mediation also includes Property Mediation, which can help separating couples to reach an agreement dealing with the division of all their property and assets, including houses, cars, boats, pets, jewellery, cash, shares, superannuation, personal effects, furniture and debt, including credit card debt and mortgages. We offer Property Mediation to separating couples, both prior to and after the commencement of Family Court proceedings. We often conduct Property Mediation in the presence of the lawyers appointed by separating couples. Cost Intake Session (1 hour) An intake session is an opportunity for us to find out more about your situation, answer any questions that you may have and prepare you for a joint session. It is confidential and the other parent or family members will not be present. During intake sessions, we will assess whether Mediation is suitable and if necessary, we will issue a certificate. The cost of an Intake Session is $300.00 plus GST per person and includes the issue of a certificate, if appropriate. Joint Family Dispute Resolution or Family Law Mediation (including Property Mediation) (3 hours) The cost of a joint session is $450.00 plus GST per person for up to 3 hours of time. Parenting Plans Our hourly rate is $300.00 plus GST. The cost of drafting a Parenting Plan depends upon the complexity of the Plan and any extra time spent communicating outside of a joint session. https://www.daviescolawyers.com.au//mediation-services-jo/

09.01.2022 Can I Take My Children Away on Holiday? Child custody arrangements can be complicated, which means you need to be careful doing things like taking your children... on holiday or going travelling. Even seemingly innocent actions can have significant consequences if you’re found to be breaching a parenting order set in place by the courts. All family lawyers will tell you that it’s even more important to understand your rights and obligations if you’re considering international travel with your children. In most cases, you will have to seek the other parent’s permission, so it’s best to start discussions early to ensure the outcome you want. In the rest of this article, we’re going to look at two different scenarios to help you understand whether or not you can take your children away on holiday. As always, speak to our team if you would like more specific information about your exact situation. Can I Take My Children on Holiday if I Don’t Have Custody? If you don’t have custody of your children, you need to be careful about taking them on holiday. Although it may be possible to make arrangements with the other parent especially if you remain on good terms you shouldn’t count on anything. It’s important to realise that there are significant penalties if you move or travel with your children without informing the other parent. They will be able to apply for a location or recovery order to have them returned. And, the chances are that they will be successful if they’ve previously been awarded custody. In short, you may be able to take your children on holiday if you don’t have custody, but you need to plan and organise things ahead of time. Speak with the other parent and attempt to come to a friendly agreement. Try and organise the holiday for a time when you would be seeing the children anyway. Contact a family dispute resolution service if you can’t come to an agreement with the other parent. In the worst case, you may be able to apply for a court order that allows you to take your children on holidays, even if you don’t have full custody. Can I Take My Children on Holidays if I Do Have Full Custody? If you have full custody of your children, you shouldn’t have any problems taking them on holidays. Once again, though, the other parent does need to be considered. Speak with them and inform them of your plans, including where you’re going. Make sure you think about visitation rights and any time your children usually spend with the other parent. If your children regularly visit them, see if you can make arrangements to make up for lost visits in the future. At the same time, make sure that you understand that every child custody situation is different. Even if you have full custody, a parenting order can still specify terms and conditions that you have to follow. Final Word Here, we’ve looked at two fairly specific child custody situations on opposite ends of the spectrum. Understand that most cases will sit somewhere between these ones, and every situation needs to be considered separately. For example, parents who have been awarded joint custody and spend approximately equal amounts of time with their children could have trouble taking them on holidays especially if the other parent is opposed to the idea. If you’re not sure about the legalities of taking your children on holidays, regardless of your custody situation, you should speak to a qualified family law professional.

08.01.2022 We offer fixed fee Child and Property Mediations and Family Dispute Resolution services from $1,500.00 plus GST for a half day (inclusive of intake interviews) and $2,400.00 plus GST for a full day (inclusive of intake sessions). All Mediation and Family Dispute Resolution is conducted by Mark Davies, an accredited Family Dispute Resolution Practitioner and Nationally Accredited Mediator. We can issue parents with a Section 60I Certificate, if appropriate, which will allow t...hem to file a Family Court application. From our offices in Nedlands, we can offer electronic interaction using Zoom and FaceTime, but we also offer more traditional face to face appointments.

06.01.2022 A common question a family lawyer is often asked by a parent, is what do they need to do to take their child away on an overseas holiday following separation. To travel outside of Australia, a child needs a passport. To obtain an Australian passport, the parent planning to travel overseas with the child can either make an application to the Department of Foreign Affairs and Trade (DFAT), or in the circumstances set out below, make an application to the Family Court....Continue reading

01.01.2022 Can a Mother Lose Custody of Her Child? Child custody disputes can be long and drawn out. However, resolutions are inevitably reached with the assistance of a court if necessary, and in complicated cases, mothers are often awarded full custody. What many people don’t realise is that it’s easy to lose custody of a child. Even single mothers can lose custody if they do the wrong thing, and there are numerous circumstances that can lead to this. In the rest of this article, we’v...Continue reading