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Family Law - Step-by-Step Guide

Author: By Lawyers For Lawyers

Analyse the contributions and 75(2) factors, complete the necessary pre- action procedures, write the letters, prepare the consent orders or binding financial agreements, understand the four step process. Attend the conciliation conferences with confidence in your understanding of the likely outcomes. This is a must for family law practitioners.

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Children and family law

 

Full commentary

Overview

A. GETTING THE MATTER UNDERWAY

1. File cover sheet - Children

2. Instructions checklist - Children

4. Initial letter to client enclosing costs agreement

5. Initial letter to other side sending parenting plan

6. Parenting plan

Taking a child overseas and applying for a passport

B. SETTLING IT EARLY

Parenting Plans and Consent Orders - A suggested approach

Parenting plans

Parenting plans

1. Parenting plan

Orders

Consent orders

1. Application for consent orders
    Application - Draft Consent Parenting Orders and allegations of abuse or family violence

2. Consent orders - without appearance
    Example - Minutes of consent orders children only
    Minutes of consent orders
    Annexure to draft consent parenting order

Names and locations

Library of orders - children

Child support agreement

Child support

1. Binding child support agreement
    Limited child support agreement

2. Example - Affidavit by legal practitioner to have binding child support agreement registered with Family Court
    Annexure coversheet

C. PRE ACTION PROCEDURES

Pre action procedures

1. Duty of disclosure (Family Court brochure)

2. Before you file - pre-action procedure for parenting cases (prescribed brochure)

3. Letter to other side - Parenting orders sought

4. Letter to other side's solicitor in response to parenting proposal

D. PARENTING ORDERS

Giving a notice of proposed parenting orders by way of letter
Parenting order - who can apply
Applicants must attend counselling
Matters covered in parenting orders
Duration of Parenting Orders

Library of orders - Children
Library of orders - General
Library of orders - Property

Parenting orders - obligations, consequences and who can help
(Family Court fact sheet of obligations and consequences of contravention)

E. GOING TO COURT

The powers of the court
Independent children's lawyer
The appropriate court and other court matters
eFiling
Service
Reduction of court fees on the basis of financial hardship

Library of affidavit clauses

Initial application

Family Court of Australia

1. Initiating application
    Response to initiating application

Federal Circuit Court

1. Initiating application
    Response

2. Federal Circuit Court affidavit
    Annexure page to Affidavit

Both courts

Procedure at the trial
Orders in favour of a non relative
Variation, discharge of parenting orders
Changing existing parenting orders by consent
Hearing

1. Parenting questionnaire

2. Family Court affidavit
    Federal Circuit Court affidavit

3. Example - Affidavit in support of application

4. Annexure coversheet

5. Outline of the case

F. IF REQUIRED - INTERIM APPLICATION AND RESPONSE TO INTERIM APPLICATIONS

Interim applications

1. Interim relocation applications outline of submissions

2. Interim applications outline of submissions

3. Application in a case 
    Response to an application in a case

G. IF REQUIRED – URGENT APPLICATIONS

Urgent applications
Necessity for prompt applications in cases of abduction of children
Recovery orders

    Application in a case

    Affidavit in support

    Recovery Order Family Law Information Sheet – links to the Australian Federal Police form for completion

Allegations of abuse of a child or family violence

    Notice of child abuse, family violence or risk of family violence - LLSFC4

    Affidavit in support

Family violence amendments
Relocation

H. IF REQUIRED - ENFORCEMENT

Enforcement

    Enforcement hearings (prescribed brochure)

    Letter to other side re contravention

I. FINALISATION

    Letter to client finalising the matter



© Copyright By Lawyers For Lawyers, 2007, Sydney. All rights reserved.Last Updated: 27/03/2014


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