Financial Settlement / Ancillary Matters
Family / Domestic Violence
Enforcement of Court Orders
Variation of Orders of Court
Men & Divorce
|It has been acknowledged and widely accepted that the parties' children are usually the main victims in a divorce. It can indeed be rather painful and confusing particularly for a young child to be caught in the cross fire between the two warring parents. Even for older children the claim for their allegiance sought by one or even both parents during the conflict results in extreme stress. The instability of the home and insecurity for the future unfairly causes worry and fear and adds to the child’s usual concerns. The issue of the child’s interest must therefore be carefully and thoughtfully managed.
The court may grant joint or sole custody or even make a no custody order. Custody involves decisions on larger matters such as education, religion, place of stay, health etc Care and control of a child, ie the right to stay with and make day to day decisions in minding the child, will vest on one parent. There are various factors the Judge hearing the dispute on child custody issues invariably looks for in determining who is the "better" parent. The evidence is presented in the form of affidavits (sworn documents) enclosing exhibits, and cross examination of the makers on its contents is usually not required.
The parent not granted care and control has rights of access to a child and this may include overseas access.
• Guardianship of Infants
Adoption is a legal process by which the rights and responsibilities to a child are given up by the biological parents and taken on by the adoptive parents.
Adopting a child and experiencing parenthood are major, life changing decisions. Our wide experience in handling both local and international adoptions, will make the entire legal process seamless as we are able to guide you through the details of law, procedures and timelines in a adoption.
• Custody Evaluation
On occasions, a welfare report may be called, and the Judge can also interview the children directly. As the primary consideration is the paramount interest of the child, in some cases a non parent may seek and be granted guardianship of a child if the court views this as being in the primary interest of the child.
• Grandparent custody
• Unmarried parents