Family Law

Family breakdowns can cause an incredible amount of strain and too often, can come at a huge expense both emotionally and financially. Here at Stanfords, we partner with our clients in planning an approach and mediate to resolve issues promptly, cost effectively and where possible, without litigation. From our experience and knowledge, we understand that the choices you make when faced with a family breakdown will shape your future. Believe it or not, there are choices and alternatives to going to Court. Read more ... Our Family Law clients come from many varied situations and have often suddenly found themselves in unfamiliar circumstances which require ongoing guidance and support. We also accept work funded by the Legal Aid Commission of NSW. Left is a series of flow charts to help you gain an understanding of the legal processes involved for different situations. Please click on the image to see an enlarged printable version.

Our Family Law clients include: Married De Facto Relationships Same Sex Parents Biological Parents Psychological Parents Adoptive Parents Grandparents Carer Children/Adolescents Legal Aid We have guided clients through varied situations. Which of the following describes you? I have been locked out of my home My children have been removed My husband has left the children and I I don't know where my children are I want to move interstate with my children I can't access the bank account I can't see my grandchildren I want to know what I am entitled to if I separate from my partner What am I entitled to if I havent worked because of was looking after the children? What am I entitled to if I have been the main breadwinner?

Family Law Alternatives

We are able to assist our clients negotiate and reach a settlement using one of the following methods:-

Collaborative Practice

Collaborative Practice, or Collaborative Law as it is also know, is a method of dispute resolution where the parties and their lawyers enter into an agreement. The agreement sets out the rules of negotiation and most importantly for clients, a condition whereby the lawyers agree not to continue to represent their clients should the matter proceed to contested court proceedings in the future. This act of good faith by all parties shows a true desire by both the parties and the lawyers to reach an agreement and resolve all the issues that the parties are facing. This process also allows the involvement of other collaborative practitioners such as accountants, financial planners, and child family psychologists. The result of any agreement reached during the collaborative process can be formulated into consent orders to be made by the Court. This agreement and the consent orders that follow are private and not reported as a decision of the Court.

Mediation

This is a process where the parties and their lawyers come together with an independent mediator of the party's choice or via a family relationship centre or private mediator. The role of the mediator is to assist the parties to reach an agreed position. This usually occurs in one meeting. If the parties are unable to reach an agreed position, the parties can commence legal proceedings. A mediator cannot impose any "ruling" or make any "orders".

If the parties are unsuccessful in reaching an agreement, the mediator / family dispute practitioner can issue a certificate pursuant to section 60I of the Family Law Act to certify that the parties attempted to resolve their dispute. The parties may then commence legal proceedings.

The Legal Aid Commission of NSW sometimes assists parties seeking mediation or what is sometimes referred to as a "litigation conference" or "early intervention conference" by funding the costs associated with the conference. To see if you are eligible, please feel free to complete an application and deliver it to our office with the required documents (outlined on the application) and we will make an application on your behalf. You can obtain an application for a grant of legal aid by visiting www.legalaid.nsw.gov.au.

Arbitration

Once formal Court proceedings have commenced, parties and their lawyers can agree to step out of the regular court list and opt for the services of a private arbitrator. This process is faster than waiting for a trial date in either the Family Court (up to about 12 month wait) or the Federal Magistrates Court (up to 6 months wait). The arbitrator's decision is binding upon the parties in the same way in which a decision of the Court would be binding. The result of any arbitration is private and not reported as a decision of the Court.

Court Proceedings

Today prior to commencing court proceedings, parties are required to comply with what is known as "pre-action procedures". The parties are required to attempt to mediate any dispute with an authorised "family dispute practitioner". Parties are not permitted to have their lawyer present if this process is undertaken at one of the Australian Government funded "Family Relationship Centres". See Mediation

However, parties are permitted to seek legal advice prior to attending the centre and can seek legal advice prior to entering into any agreement reached during the process. If the parties are unsuccessful in reaching an agreement, the family dispute practitioner can issue a certificate pursuant to section 60I of the Family Law Act to certify that the parties attempted to resolve their dispute. The parties may then commence legal proceedings.