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Shilton Family Law

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16.01.2022 Who get's the dog? For most people who separate it is not automatically clear who gets to keep the family pet or pets. This can cause added stress to an already tense time. So if both people want to keep the pet what happens? How does the Family Court treat pets in divorce proceedings? Well .........it is not a case of each person standing in the corner of an empty room and seeing who the pet runs too!!! ... Most people regard their pet as a member of their family and they would hope that if there was a disagreement about the pet that the Family Court would impose arrangements based upon similar if not the same principles as children. However to the surprise of most people the court actually considers pets to be an item of "property" and not family members. This means that they are considered in the same way as furniture, cars, houses etc. The Family Court would consider the following: * Who is the registered owner of the pet * Who purchased or paid for the pet * Was the pet a gift to a party * Who has paid for the ongoing care of the pet and any health or other related issues * Who has the pet now * Who can continue to maintain the animal and ensure that it is properly cared for * If there are multiple pets should they stay together or should they be split apart * Who will have suitable accommodation for the animal after the property settlement issues have been finalised The Family Court does not have the jurisdiction or power to make Orders that a pet spend time with or live with a party as it does in children's matters. It can however Order that a pet travel with children between their respective parents homes to provide comfort and security for a child. If you are the owner of a pet keep possession of if after separation and establish clear evidence of your ownership. If it is agreed that a pet should spend time with both parties after separation it is possible to enter into an informal agreement about these matters setting out times and the extent of any financial responsibility. However, as this is an informal agreement having it enforced by the Family Court would be difficult.

10.01.2022 How to help some one close to you through a divorce. When someone close to you is going through a separation or divorce it is hard to know what to do to help them. You were probably there for the falling in love bit (the excitement, fun and romance) but what do you do when the opposite occurs ? The end of a relationship brings sadness, anger and often fear and can completely derail an otherwise normal and sane friend/ family member. So what can you do to help ? ... The first and most important thing to do is listen. It may mean listening and keep listening. You may hear the same things on repeat but simply being there and taking time is often what is needed most. It is important that you listen without judgement and often that is not easy to do. Having said that you cannot and should not be expected to be a "counsellor" or therapist and often it may be necessary to encourage your friend or family member to get professional assistance. Encourage them to find information. Professional assistance from an experienced family lawyer with whom they feel comfortable and relaxed is vital. It is really important to find the right advisor for your friend/ family member. That person will be able to provide your friend/ family member with the information and advice that is relevant to their particular situation and address their needs. Everyone knows someone who has been through this process and can give their "opinion". But those comments are based on their own experiences and that does not mean it will be applicable to anyone else. Finally, separation and divorce is a process. It will end. With the right professional assistance your friend/ family member will be able to navigate the issues and get to an outcome making good informed decisions. It is important to look to a positive future. There is no denying that sometimes this is difficult for people to do as their whole life may have been turned upside down and it may be entirely against their wishes and out of their control. Simple things (a meal out, tickets to the movies or a show, a walk around the park or on the beach) however make a big difference and enable people to move the focus towards the light at the end of the tunnel.

08.01.2022 At what age can kids choose where they want to live ? This is a question that family lawyers get asked in almost every parenting dispute. Most separated parents are interested in the "magic" age that children get to have a say in their living arrangements. The simple answer is that at law children don't get to 100% decide their living arrangements until they are 18 years old. That is until they become adults' and leave the jurisdiction of the Family Court....Continue reading

08.01.2022 We have reached an agreement- what do we do next ? Often separated parties reach an agreement themselves and without getting prior legal advice. They have written it down on paper and both signed at the bottom. It reflects what they believe that they have agreed to. Sometimes that is all that they do to 'formalise" the agreement reached and they may then implement or put in place what has been agreed to - whether that be arrangements for the children, property division or ...Continue reading

07.01.2022 Final parenting Orders.... is that true?? Parents who are separated often have the arrangements for their children established by way of Final Orders whether made by consent or by a Court after a Trial. However are they really 'final" or can they be changed?? In order to vary or change a final parenting Order the Court has held that there must be a material change in circumstances. This can be an isolated change or a number of smaller changes which combined are significa...nt. Such an application is not lightly considered by the Court which is traditionally reluctant to set aside final Orders in any situation. The court does not want parents to be involved in protracted and continual litigation about their children. But what is a "significant or material" change to circumstances? How are you supposed to gauge this concept? Perhaps the easiest answer is that the change must be so great that the Court must be in no doubt that a change to the parenting Orders is necessary. When the change is accepted the Court then views what the new arrangements for the children are to be according to what is in their best interests. The best interests of the children is the primary consideration in any parenting proceedings. Some brief examples of material changes being sufficient to warrant a change to existing final Orders can include: * relocation - where one parent moves to another town, city, State or country and it makes it difficult for the other parent to spend time with the children * passing of time such that the views of the children have to be given more weight. The considered views expressed by a teenager to alter their care arrangements may be sufficient to warrant a change *change in a child's needs and a parents capacity to provide for those needs such as a parent becoming ill or impacted by drugs or alcohol. *parental conflict where there may be continuous breaches or non compliance with the final parenting Orders such that it may cause difficulty for the children It is very important that any final parenting Orders are measured and considered as they will operate until children are 18 years old. What may be appropriate for young children may not be suitable for mature teenagers. These issues should all be considered when any final orders are contemplated. If the final parenting Orders have not been so diligently prepared and they no longer are appropriate for the parents or the children there may still be scope to change or fine tune those "final" Orders. Of course the best place to start any discussions regarding changing or altering any final Orders is via mediation. Hopefully with a sensible and child focused approach a common agreement can be achieved quickly and amicably.

03.01.2022 Child support can be tricky. Most parents will navigate the issue of financial support for the children by using the Department of Human Services. However, the child support system is complicated as it uses a complex formula to calculate child support. ... In addition the formula often does not reflect the needs of an individual family such as high income families or families where the children have special needs. We can advise you as to your options regarding child support which may include a private agreement.

02.01.2022 Christmas is rapidly approaching again. While this year has certainly been challenging and has created a new set of complications and problems the Christmas period can often add to the stress that a lot of families are experiencing. Lets be honest things can become a little tense around the festive season. This is especially the case as separated families try to navigate the holidays and Christmas. Separation is never easy and special occasions such as Christmas and hol...idays often highlight the reality of the changed living arrangements for parents and children. Ideally parents should be able to work out arrangements for children over this period by having regard to the kids themselves. By this I mean that children would usually like to see both of their parents and their extended families over this time. However often this has to be approached practically. Some of the things that parents might like to think about in making parenting arrangements over the Christmas and holiday period could include: * making sure that Christmas time is a happy childhood memory and that kids are not exposed to any parental disputes over this time * consideration of whether kids would be excited to see parents, grandparents and other people who are important to them on Christmas Day * the logistics involved. Is it practical for children to travel on Christmas Day between parents or would it make more sense to spend the day with one parent one year and the other parent the next year * will the children want to take their gifts between homes and is this going to be a problem * what has happened traditionally in extended family arrangements . For example does one side of the family get together Christmas Eve and the other Christmas Day or is Boxing Day the big event. * it may also be the case that you and your children take the time to create new traditions * in most situations where parents have separated the holidays are shared equally and that can take a variety of formats whether a block period, week about, shared weeks for example. What is appropriate depends on what is best for the children. It can be difficult reaching agreement about arrangements for these periods. However, I would recommend that discussions occur well in advance with the children's well being in mind so that when the festive season arrives parents and children and able to have the best chance to enjoy these times.