Derham Houston Lawyers in Gosford, New South Wales | Lawyer & law firm

Derham Houston Lawyers

Locality: Gosford, New South Wales

Phone: +61 2 4324 7711

Address: 4 Watt Street 2250 Gosford, NSW, Australia

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25.01.2022 Christmas/New Year is family time. Unfortunately it can also be a hard time for families. We can help with family law problems many of which are exacerbated over the Christmas period. With an office in Gosford and an office in Sydney we are able to assist across all family law jurisdictions and registries. We are responsive to email and telephone contact. Our approach is to provide practical and timely advice, and try to resolve matters without having to resort to litigation. At the same time we recognise that there are some disputes that cannot be compromised and some which will not be solved by negotiation. At these times Court action is necessary. We will help you through the processes. We will explain it so that you understand and so that you feel in control at all times. Affordable and approachable is our goal.

25.01.2022 Please get help if you have any fear at all. You have options

25.01.2022 If youre affected by #familyviolence, navigating multiple courts and systems can be overwhelming and confusing. @NatLegalAid has developed a new website that is designed as a starting point to give simple, clear information. Check it out.

25.01.2022 We do not provide tax or financial advice. What we do advise is that you ensure that you comply with tax laws and if you need tax return assistance, please speak to a registered tax agent.

25.01.2022 This case which we ran in the Family Court and then took on appeal to the Full Court contains a good exposition on what is a reasonable excuse when faced with contravention of a time with order.

24.01.2022 When should you self-isolate? What is self-isolation? Should you wear a mask?... What is the current position in NSW? Helpful links and up-to/date information from the Department of Health

24.01.2022 The Family Report doesnt have to be a nightmare. Be prepared and stay focussed on what you believe is best for the children, not for you. Also remember that laying the boot into the other parent will not win too many points either. You got this!

24.01.2022 This is an article from a year ago and from Ireland and yet relevant to here and now. Child safety outweighs anything. The Australian Family Law Act does prioritise the child’s safety over the relationship with either parent. If you have concerns about your children when they are spending time with the other parent, we have the experience to help you.

23.01.2022 Family and domestic violence leave - 5 unpaid days per year to be added to all modern awards. Leave to deal with the impact of violence including such things as going to court, accessing police services or making safety arrangements for you or a family member

23.01.2022 Two great results in messy cases and two very happy clients this week! Always gives a good feeling for the weekend!

23.01.2022 Some good news!

23.01.2022 Stay at home! Wash your hands! Stay safe!

23.01.2022 The Family and Federal Circuit Courts have announced their response to an increase in urgent parenting applications during COVID-19 - a proposal to fast track urgent matters to a judge within 72 hours of an application being made. No detail yet how this new list will work in practice or how a case gets into the list but we will certainly be looking at this for any of our clients who may be in need. If you have any family law problems due to the COVID 19 pandemic - or otherwise - please contact us for a confidential chat.

23.01.2022 If you’re affected by #familyviolence, navigating multiple courts and systems can be overwhelming and confusing. @NatLegalAid has developed a new website that is designed as a starting point to give simple, clear information. Check it out.

23.01.2022 Do you know someone? Is this you or a friend perhaps? We need to call this behaviour what it is - domestic violence - and we need to call it out.

23.01.2022 This provides a good summary of the latest changes and updates announced tonight, 29 March 2020 #stayathome

22.01.2022 16 years I didn’t know what kind of work I wanted or what kind of work I would get. It turns out that I got a mixed bag! Over the years family law has developed into something that could only be imagined back then. I have helped many people with parenting issues and I have helped many to get financially back on their feet.... So embarking on marriage or ending a marriage, buying and selling property or business, leasing business premises, getting your Will and other late-in-life paperwork in order. I can give you the help you need.

22.01.2022 Participation is not consent. ’Not guilty’ does not mean ’innocent’. Blaming the victim should not be excused or left unchallenged. ... Women do not ask to be assaulted. Women do not consent to being assaulted. Participation or acquiescence does not mean consent. Rape culture is alive and well and must not remain unchallenged. We as a society must do better.

21.01.2022 What happens if I dont make a will? If you die without having made Will, you are said to have died "intestate". In effect, what will happen to your assets will be as set out by legislation. In NSW, the Succession Act 2006 provides a hierarchy for determining who receives your assets. ... Firstly your spouse (which includes a de facto) - if you have one - would benefit but the list swiftly moves through various relatives. It may be that who you think will inherit will not, or will only inherit a portion of the assets. The Supreme Court will also need to appoint an administrator to look after the affairs of the estate to ensure the appropriate beneficiaries are located. It is strongly recommended that you obtain legal advice if a relative dies without a will and and we are more than happy to assist you with any queries you may have.

21.01.2022 This is a difficult time. Theres no denying that. We are all under stress. Some may try to use COVID-19 as an excuse to withhold children, or not to pay bills, or to withhold disclosure. Courts are still open - albeit maybe without face-to-face appearances. Orders still need to be complied with. Timetables and timeframes still need to be kept.... Now is not the time to pick an unnecessary fight. Be sensible and keep your distance but dont use it as an excuse to cease communication. We all need to work together to #flattenthecurve

21.01.2022 We see so many people who have lived through this. Too many who are beaten down by being isolated, controlled, loved too much. Heed the warnings. If you have experienced this and need to take power back please contact us. We will do our utmost to protect you and your children and ensure that you get what you need to set up your new life of freedom from abuse.

21.01.2022 This has been talked about for a few years. Finally it is here and not a moment too soon. At least one of the ways perpetrators re-traumatise their victims has been removed.

21.01.2022 Social Distancing information. Just take precautions - its not hard.

21.01.2022 Something needs to be done. The delays are disgraceful. We’re just not convinced that this is the answer.

20.01.2022 Mortgage stress? Financial difficulties? We can provide you with this handy booklet published by Legal Aid which gives tips and details on how to approach your lender. If you have been served with notices by your lender and need assistance on how to respond please contact us for a chat. Never a good idea to ignore!

20.01.2022 Be careful. Sometimes your new boyfriend or girlfriend wanting to know everything about you is not a good thing. Just be aware.

20.01.2022 Let’s go with that!

20.01.2022 Many people don’t know when they need a lawyer or know that they need one but don’t know how to find one, or how to find the right one. Many want to know what questions they should be asking their lawyer. This is a handy guide from the Law Society of NSW which may assist you. Or you can contact Derham Houston Lawyers who have been providing advice and assistance for over 40 years. Affordable and approachable lawyers who speak your language.

19.01.2022 Sign the petition. This is not on the dark web! It is available and revolting

19.01.2022 Chronic delays. Families suffering. Appoint more judges. Now.

19.01.2022 The Family Report doesn’t have to be a nightmare. Be prepared and stay focussed on what you believe is best for the children, not for you. Also remember that laying the boot into the other parent will not win too many points either. You got this!

18.01.2022 You want your estate to be dealt with in accordance with your wishes. As circumstances change, so your will should be reviewed to ensure that it fits. Call our office if you have not yet made a will, or you cannot remember what you put in your will, or there’s been a change in your family situation since you last made a will. We listen to what you want, we provide clear and simple advice and explanation, and we prepare documents for you that set out what you want.

18.01.2022 Be a morning person!

17.01.2022 It starts and ends with this. If this is good advice in life, why should it be any different at each stage of life, including separation and divorce? #tiernanfamilylaw

16.01.2022 For you and your children.

15.01.2022 This Service may help those with child support questions and issues

15.01.2022 Self-isolation / quarantine / lockdown. What’s open? What’s essential? Non-essential? So many words - so many different rules. ... Here is a simple summary of do’s and don’ts that may assist us all get through this difficult period.

15.01.2022 This is a difficult time. There’s no denying that. We are all under stress. Some may try to use COVID-19 as an excuse to withhold children, or not to pay bills, or to withhold disclosure. Courts are still open - albeit maybe without face-to-face appearances. Orders still need to be complied with. Timetables and timeframes still need to be kept.... Now is not the time to pick an unnecessary fight. Be sensible and keep your distance but don’t use it as an excuse to cease communication. We all need to work together to #flattenthecurve

14.01.2022 Children in the United States are being forced to be their own lawyers in immigration court - this needs to stop.

14.01.2022 We often have enquiries from people asking if they can get new parenting orders when their children get older and the older orders dont really seem to fit anymore. Unfortunately, children getting older is not of itself reason enough to run a new parenting case. Of course if both parents agree to a change, new orders can be made by consent at any time. If there is no agreement to change orders but you really believe it would be in the childs best interests to change the o...rders, you need to file an initiating application to re-commence proceedings. Of course you do need to try mediation first. You will hear lots of people say Rice & Asplund at this point. If the other side objects to your new application, they may ask the Court to first determine the Rice v Asplund issue first - that is whether the current circumstances are so different to the circumstances at the time the orders were made that the parenting case needs to be re-heard. This is not necessarily an easy task and you should seek expert legal advice if you think that you might need to have new parenting orders made.

13.01.2022 Derham Houston Lawyers remain open during this time, providing advice and legal services by phone, email and by appointment. Our office is compliant with space and social distancing orders and we clean all table and bench surfaces regularly. We are following and reviewing the many changes being brought in by the Commonwealth and State governments during this rapidly changing time to ensure you can access current and relevant advice.

13.01.2022 We have been hearing a lot lately from people who are "in court" but don't seem to know what that means. These people have lawyers but feel like they have no control - they aren't able to get on to their lawyer when they phone, they don't receive timely notice of correspondence from the other party's lawyer and more importantly, they don't have any understanding of what being 'in court' actually means. This leads to frustration with the legal profession and with the courts b...ecause it feels like nothing is happening, their concerns are not being heard, or worse still, their children remain at risk. Derham Houston Lawyers are approachable. We speak your language. We explain the process so that when you sign a document to be used 'in court' you know what that means. We make sure that you know what you are asking for and what the process moving forward will be. We explain the documents and the processes in terms that you understand. We want you to know what's happening and we want you to have input - after all it's your life!. We do not pretend that the court system is perfect. We do not pretend that you will get everything that you want in a timely manner. But we will make sure that you understand what is going on! Derham Houston Lawyers are affordable. It is not easy to go to Court and there is a lot of work in preparing your best case - work for you and work for your lawyer. With Derham Houston Lawyers you will get value for your money.

13.01.2022 Spring is here again when people’s thoughts turn to moving house! We are ready and willing to help you navigate the process - and explain what all those words mean: exchange; rates adjustment; mortgagee; requisitions; settlement; cheque direction. Call us when you have found the house of your dreams and we will steer you through the legal minefield to make it yours.

12.01.2022 Many Australians who have bought a rental property this year or are thinking of buying a rental property will be affected by this change.

12.01.2022 It’s nice to help a family member but always get the agreement - whether it is a loan or a gift - put down in writing. This is not because you do not trust each other but because you are protecting each other. No-one wants to have to sue their own family.

12.01.2022 PARENTING MATTERS We often come across misconceptions when we are speaking to separated parents about what should happen / will happen when parenting disputes arise. Many people repeat the phrase "shared care" like it is a given. It is not.... "Shared care" is not even a term or expression that appears in the Family Law Act. Even if shared care was a thing, "shared" does not mean equal. The Court when asked to make a decision about parenting must have the child's best interests as the overriding consideration. In determining the child's best interests, the primary considerations are: (1) the benefit to the child of having a relationship with each parent; and (2) the need to protect the child from physical or psychological harm arising from experiencing or being exposed to abuse, neglect or family violence. The Family Law Act explicitly provides that the second aspect - protection from harm - is to be given greater weight than the first aspect. So rest assured that when your partner says "I will go to court and get shared care" this is not a given. There is so much more to it. We will explain the law to you and we will explain how it is applied by the Court. We will explain to you what the process is to obtain parenting orders. It is our aim to be affordable and approachable. We can help you to get the best outcome for your children and for you.

12.01.2022 Mothers do not make up allegations of violence as often as common perception may think. The presumption of equal shared parental responsibility does not apply if there are reasonable grounds to suspect abuse or family violence. Do not agree to equal time because you ‘think’ the law requires it. It does not. Do not be bullied or coerced.... We provide affordable expert legal advice in language you can understand. Talk to us before you sign.

11.01.2022 Absolutely true. Think about the issues that affect your life and the lives of your children.

11.01.2022 Self-isolation / quarantine / lockdown. Whats open? Whats essential? Non-essential? So many words - so many different rules. ... Here is a simple summary of dos and donts that may assist us all get through this difficult period.

10.01.2022 We agree! #kindness

10.01.2022 Congratulations to Apollo! Proud to have supported you through another great year. Good luck to all those teams playing today in this not so great weather! Play hard play fair!!

08.01.2022 This publication from Legal Aid provides a useful summary of the things you will need to consider if you have separated or are continuing separating from your partner. If you want advice about your specific situation, or need assistance with the court process, or just want to know what your entitlements are, contact our office for an appointment. We will provide information and answer your questions in terms you can understand.

08.01.2022 It’s been a tough year hasn’t it? Take a breath. Stress and tension lead to argument. Argument leads to anger. Anger leads to upset. Upset leads to anxiety.... Take a breath. Then take another. And another. Do you really want your relationship to be over? You must have loved this person enough to devote your time. Think about what comes after should you take that step to ending it. Some relationships do need to end. They have become toxic. Toxicity leads to destructive anger. We are here to help untangle financial relationships. We are here to help sort out and implement parenting arrangements. Before you contact us for that assistance, just take a breath.

08.01.2022 Women's Domestic Violence Court Advocacy Services (WDVCAS) are locally-based, independent services to assist women and children obtain legal protection from dom...estic violence and help with other needs including accessing support services (for example financial assistance and advice, housing, counselling and family law issues). To find your nearest service phone 1800 WDVCAS or 1800 938 227. See more

07.01.2022 What happens if I don’t make a will? If you die without having made Will, you are said to have died "intestate".' In effect, what will happen to your assets will be as set out by legislation. In NSW, the Succession Act 2006 provides a hierarchy for determining who receives your assets. ... Firstly your spouse (which includes a de facto) - if you have one - would benefit but the list swiftly moves through various relatives. It may be that who you think will inherit will not, or will only inherit a portion of the assets. The Supreme Court will also need to appoint an administrator to look after the affairs of the estate to ensure the appropriate beneficiaries are located. It is strongly recommended that you obtain legal advice if a relative dies without a will and and we are more than happy to assist you with any queries you may have.

07.01.2022 What does going to court mean when you are fighting with your former partner? Does the mother always ‘get’ the children? Can the children decide who to live with? Who gets the house? What about superannuation? Who pays the mortgage? There are so many questions. We have the answers. Every situation is different. What worked for your friend or your relative may not be what works for you. ... We will not only explain what the law says in words you can understand, we will also explain the processes required and what going to court means and how you can avoid it. We are affordable and approachable. We speak your language. It is our mission to guide you through the difficult time after family breakdown and get the legal result that is best for you in relation to property and parenting matters.

07.01.2022 Help is available

07.01.2022 Social distancing guidelines

06.01.2022 Spring is here again when peoples thoughts turn to moving house! We are ready and willing to help you navigate the process - and explain what all those words mean: exchange; rates adjustment; mortgagee; requisitions; settlement; cheque direction. Call us when you have found the house of your dreams and we will steer you through the legal minefield to make it yours.

06.01.2022 We see so many people who have lived through this. Too many who are ‘beaten’ down by being isolated, controlled, ‘loved‘ too much. Heed the warnings. If you have experienced this and need to take power back please contact us. We will do our utmost to protect you and your children and ensure that you get what you need to set up your new life of freedom from abuse.

06.01.2022 Social Distancing information. Just take precautions - it’s not hard.

06.01.2022 A tricky area. Changes in the law to protect young people are to be commended but must be applied cautiously. Criminalising sexting between minors where there is no further distribution of the images, may be caught by these laws with the result that the person ends up with a criminal history which could exclude some employments in the future. Cease and desist notices, and ‘take down’ notices in some cases may be more appropriate. Good legal advice is essential if you have any concerns about sharing of your image online.

05.01.2022 We would like to wish all our clients and friends a happy, peaceful and safe Christmas and holiday season

05.01.2022 Proud sponsors for 2018 of Apollo Netball Club. Best of luck to all 25 teams for this season!

05.01.2022 We share this not because we are man-hating. We share this because Rosie Batty was and is an amazing woman who worked hard to bring about change in the face of what can only be described as unimagineable pain and loss. Having ourselves acted for a woman who was cross-examined by her abuser - whilst he was in fact incarcerated for assaults on her and their child and brought to Court each day from gaol to do so - we are forever grateful to Ms Batty that laws are now in process which will outlaw this practice. Have a rest Rosie and grieve in private and in peace.

04.01.2022 Stop letting the other person getting into your head. Trust yourself.

04.01.2022 16 years I didnt know what kind of work I wanted or what kind of work I would get. It turns out that I got a mixed bag! Over the years family law has developed into something that could only be imagined back then. I have helped many people with parenting issues and I have helped many to get financially back on their feet.... So embarking on marriage or ending a marriage, buying and selling property or business, leasing business premises, getting your Will and other late-in-life paperwork in order. I can give you the help you need.

03.01.2022 Common sense prevails. Having seen it happen to our client in two Family Court hearings in a 6 month period, we can honestly say that watching, let alone being, the victim facing cross-examination by their tormentor is horrendous. Our client’s convicted abuser was brought to Court by Corrective Services each day to then sit at the bar table and ask the questions. There are so many reasons that it is wrong that is almost hard to believe it still occurs. This action by the government is to be applauded.

03.01.2022 Nice to be appreciated for the work we do

03.01.2022 An important and timely initiative.

03.01.2022 Proud to be local and proud to sponsor local Oztag team The Hellcats!

02.01.2022 IN FAMILY LAW PARENTING MATTERS WHAT IS AN ICL. We are asked this question a lot. An Independent Childrens Lawyer (ICL) is appointed by the Court to represent the childs interests. They can be appointed at the request of a party or on the decision of the judge.... The ICL does not take instructions from the child. They do not attend family report interviews. They may meet with the child but this will really depend on the age of the child. They do issue subpoenas. They appear at each court event. They will cross-examine both parties at the final hearing. They will put a proposal forward at the final hearing for orders that they believe are in the best interests of the child. Each party (unless legally aided) will generally have to contribute half the ICL fees - which are charged at less than private lawyer fees. If you have queries about the role of your ICL, or youre in need of legal advice due to the breakdown of a relationship, call our office for a confidential chat.

02.01.2022 Does your family law legal adviser help you or hinder you? Your lawyer should explain the legal terminology and the legal process so that you understand what is going to happen and when it is going to happen. Your lawyer, more so than just a commercial or property lawyer, must also understand your situation and empathise with you. Your lawyer however is not your counsellor or a social worker. A good family lawyer knows the difference and knows just how much empathetic sup...port to give and knows when you might need to obtain professional coping assistance. When you choose your lawyer, made sure that not only do they have the legal knowledge required but that they understand. You must feel comfortable talking to your lawyer and asking questions about the law, about the process, about the legal jargon - even if its the same question over and over. If this is not your experience, maybe its time to find a new lawyer. Relationship breakdown is hard, separating assets is hard, ensuring that the children are in the best situation they can be is hard. You do not need to have a relationship with your lawyer that is hard. At Derham Houston we strive at all times to make sure that if you are seeking legal advice, that if you embark on the family law path, that if you are in the middle of the family path, or if you are approaching the end of the family law path, that you not only have good legal advice but that you understand it and you feel that we are acting in your interests and not our own.

02.01.2022 If you do go to the Family Court it’s helpful to know who’s who and how the process works. We will explain it to you and we will help you get the best outcome for you and for your family.