In these techonologically advanced times one is never too far from the latest information. Most nights, at about nine or ten o'clock, the ipad announces an email has come in. Sometimes it is clients, but mostly it is an update to lawyers on recent developments in the law.
Last nights email included a summary about a case where a father appealed a decision that the mother be allowed to relocate with two children of the relationship two hours away from his residence (a town in which the mother had lived with the children after separation).
The case is called
Muldoon & Carlyle [2012] FamCAFC 135
and can be found on the internet and should be read if you are thinking of relocating and have to consider children and a parent that needs to spend time with them.
Is is interesting to read that part of the fathe's appeal related to the fact that his counsel was not allowed to pursue questioning of the mother's motivation of relocating. If you read the appeal judgement you will see that the mother gave evidence that she could not continue to live in the small town she was living in as it was like living in a fish bowl (what a great description). She went on to describe how her ex husband had a lot of family in town and she felt as though she was under scrutiny and talked about all the time. All very valid reasons one would have thought.
It is difficult to see where the father's motivation lay. After all the move was only two hours away and not twenty. True it is there was to a small reduction in his time with the children but when this is averaged out over ones own lifetime it would pale into inisginficance.
Needless to say that the father's appeal failed and it was held the mother was free to move whereever she chose.
One of our writers points out the story has a happy ending as lawyers got paid. However, we are sure all of you would agree that the money spent on lawyers would have/should have been spent on the children (we wonder if it ever crossed the father's mind to simply take the children on a trip around the world instead of going to court).
We urge you to read the Judgment (and others) if you are in a similiar predicament, and perhaps pause for a moment or two before rushing off to court.
Monday 24 September 2012
Tuesday 18 September 2012
Should a Magistrate make decision about your children
As we are writing a summary of the Australian Family Law in German we are combing through cases, legislation and research. It was this start of a decision that twigged our interest.
Dr Brent Waters, the Part 15 single joint expert in this matter, who said in cross-examination “So we’re really talking about a damage minimisation exercise, rather than something that’s going to be a perfect solution” (transcript 2 September 2009, p.29, lines 9-10). Were the determination of this case akin to a mere theoretical exercise, a scientific experiment, or a mathematical equation, then something less than a perfect solution might not matter. But this case is about 2 children, [X] age 12, and [Y] age 5. This case is about important aspects of their lives. And the solutions found by the court are far from perfect.
What a sad state of affairs for children who are dragged into the Family Court jurisdiction.
We have not read the entire case yet, but will do so and share other information with you. In the meantime you can read the case yourself by following the link:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FMCAfam/2010/14.html?stem=0&synonyms=0&query=Goode%20and%20Goode
In case the link does not work it can be found in austlii:
Goode & Goode
The above statement by an eminent psychiatrist should give food for thought to anyone contemplating going to court over a dispute involving the children. A far better way to sort out the difficulties, whatever they are (unless it is violence), would be mediation and the assistance of counsellors/psychologists. Why is it we wonder that people think the law is the answer and preferable over alternative options? The law is such a blunt instrument, which cannot cater for children.
Some food for thought.
Dr Brent Waters, the Part 15 single joint expert in this matter, who said in cross-examination “So we’re really talking about a damage minimisation exercise, rather than something that’s going to be a perfect solution” (transcript 2 September 2009, p.29, lines 9-10). Were the determination of this case akin to a mere theoretical exercise, a scientific experiment, or a mathematical equation, then something less than a perfect solution might not matter. But this case is about 2 children, [X] age 12, and [Y] age 5. This case is about important aspects of their lives. And the solutions found by the court are far from perfect.
What a sad state of affairs for children who are dragged into the Family Court jurisdiction.
We have not read the entire case yet, but will do so and share other information with you. In the meantime you can read the case yourself by following the link:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FMCAfam/2010/14.html?stem=0&synonyms=0&query=Goode%20and%20Goode
In case the link does not work it can be found in austlii:
Goode & Goode 
[2010] FMCAfam 14 (15 January 2010)
The above statement by an eminent psychiatrist should give food for thought to anyone contemplating going to court over a dispute involving the children. A far better way to sort out the difficulties, whatever they are (unless it is violence), would be mediation and the assistance of counsellors/psychologists. Why is it we wonder that people think the law is the answer and preferable over alternative options? The law is such a blunt instrument, which cannot cater for children.
Some food for thought.
Monday 17 September 2012
E book published
In case you missed the exciting news, one of our authors (not the horse he is still working on his book called My Olympic Dream), just published a book in paper back as well as electronically.
If you want to check it out the electronic version you can find it here.
http://www.amazon.com/dp/B009C8TC96
It would not surprise you to learn that the majority of the stories in the book called 'Briefs' deal with relationship breakdowns and how people deal with them. And then there is a story about a dragon and well about virginity. Have we wet your apetite? Hope so.
What are you waiting for? Get your copy now.
A hard copy can be found either at amazon (search author name: Tanya Thistleton) or at
https://www.createspace.com/3962688
If you want to check it out the electronic version you can find it here.
http://www.amazon.com/dp/B009C8TC96
It would not surprise you to learn that the majority of the stories in the book called 'Briefs' deal with relationship breakdowns and how people deal with them. And then there is a story about a dragon and well about virginity. Have we wet your apetite? Hope so.
What are you waiting for? Get your copy now.
A hard copy can be found either at amazon (search author name: Tanya Thistleton) or at
https://www.createspace.com/3962688
Sunday 16 September 2012
What's in a name?
A lot apparently. For those of you not in the know here is a little lesson on the structure of the Family Court.
Family law cases, either children or property, can be dealt with in either the:
In the early days the main difference between the two courts was that the Federal Magistrate Court could only hear cases where the total asset pool was less than $750,000 (we have tried to verify what the limit was but could not find out) and children cases had to be able to heard in two days.
Now there is barely any difference between the two courts with both hearing property cases of any value and children cases of any length (although the Family Court does tend to deal with more complex children cases).
And now, according to a press release, there is to be a change in name and Federal Magistrates will now be known as Judges.
Will any of this mean any changes for the user of the Court? We doubt it. There will still be delay, dissatisfaction by the public and it will still cost a lot to go to court.
But there is a new name and title.
Just so you know we did not make it up we have copied in the press release received by us lawyers.
Family law cases, either children or property, can be dealt with in either the:
- Family Court of Australia; or
- Federal Magistrate Court of Australia.
In the early days the main difference between the two courts was that the Federal Magistrate Court could only hear cases where the total asset pool was less than $750,000 (we have tried to verify what the limit was but could not find out) and children cases had to be able to heard in two days.
Now there is barely any difference between the two courts with both hearing property cases of any value and children cases of any length (although the Family Court does tend to deal with more complex children cases).
And now, according to a press release, there is to be a change in name and Federal Magistrates will now be known as Judges.
Will any of this mean any changes for the user of the Court? We doubt it. There will still be delay, dissatisfaction by the public and it will still cost a lot to go to court.
But there is a new name and title.
Just so you know we did not make it up we have copied in the press release received by us lawyers.
New name for Federal Magistrates Court revealed, 13 September 2012
The Federal Magistrates Court will soon become the Federal Circuit Court of Australia, and the title of Federal Magistrate will be renamed Judge to better reflect their important role in Australia’s judicial system.
Attorney-General Nicola Roxon announced the change today as part of the government’s ongoing court reform agenda to provide greater certainty around the responsibilities and role of each of the federal courts.
“The Federal Circuit Court of Australia better reflects the Court’s modern role in the federal judicial system and its accessibility for all court users”, Ms Roxon said.
The new name for the Court also highlights the important service it provides to rural and regional communities through its program of regular court circuits.
Tuesday 11 September 2012
Wirting good letters
It is not unusual for lawyers, or clients, to write letters full of insults and innuendos.
The question we wish to pose is this, is such style of writing really helpful? Our guess is probably not.
A client the other day put it really well when she told of her new partner who said to her 'sugar gets you further than spice'. According to this client the relationship with her ex has improved dramatically since following her new partners advice.
What a refreshing approach to life. The man deserves a medal!
One of our writers is pondering a suitable reply to a particularly insulting letter from another practitioner, but at the same time does not want to stoop to the level of mud slinging. A few more deep breaths and ruminating should fix the desire to throw mud and a mature response will be drafter.
So, dear reader, the next time you want to let off steam in a letter why don't you try the sugar method. You never know, it might get you a result faster and make you feel better.
What about those lengthy letters some people send? The best way to write an effective letter is to keep it short and sweet.
If a letter is any more than two pages eyes glaze over, and if it goes on for four or five, we lose interest all together. If one of us gets a five a page letter at work the first thing we do is turn to the last page to see what the upshot of the letter is.
Writing a good letter means you have to do the following:
.
The question we wish to pose is this, is such style of writing really helpful? Our guess is probably not.
A client the other day put it really well when she told of her new partner who said to her 'sugar gets you further than spice'. According to this client the relationship with her ex has improved dramatically since following her new partners advice.
What a refreshing approach to life. The man deserves a medal!
One of our writers is pondering a suitable reply to a particularly insulting letter from another practitioner, but at the same time does not want to stoop to the level of mud slinging. A few more deep breaths and ruminating should fix the desire to throw mud and a mature response will be drafter.
So, dear reader, the next time you want to let off steam in a letter why don't you try the sugar method. You never know, it might get you a result faster and make you feel better.
What about those lengthy letters some people send? The best way to write an effective letter is to keep it short and sweet.
If a letter is any more than two pages eyes glaze over, and if it goes on for four or five, we lose interest all together. If one of us gets a five a page letter at work the first thing we do is turn to the last page to see what the upshot of the letter is.
Writing a good letter means you have to do the following:
- Be precise. No point going on and on about the same point.
- Do not drift onto other topics, losing focus of the point of the letter.
- Be polite. You never know but the letter might end up in front of a Judge one day.
- Do not make claims you cannot substantiate later on.
- Remember the key point of your argument.
.
Friday 7 September 2012
Pay back or real concern
After a long absence from writing on this blog we have returned.
We thought we would briefly look at children disputes. They are those little creatures on two legs.
Often after separation they can become the silent sufferers, mainly because both parents are so wrapped up in their emotional hurt that they forget what effect their actions have on the children (all the while believing that they are acting in the best interest of the children).
We do not mean to criticise parents, on the contrary, as both parents will no doubt try and do their best for the children. What we do want to happen is for both parents to quietly examine if their actions have really been in the best interest of the children or been motivated by some notion of payback.
Is it really in the best interest of the children not to see their father/mother (excluding extreme cases of violence, drugs etc)? Mothers generally tend to dictate the terms on which fathers can see their children and this can sometimes be perceived as being controlling and manipulative .
If there is a dispute about how often the children should see one parent the first thing both of you should do is engage the services of a good child focused psychologist who can assist both of you how to resolve the dispute and work out what is in the children's best interest.
In practice we often advise people obtain outside assistance from psychologist and it is astounding how few people take up this option, instead preferring to spend thousands of dollars in the legal system with uncertain outcomes and lengthy delay.
Alternatively, try mediating. There are plenty of excellent mediators around whose job it is to try and get the two of you come up with workable solutions.
Do you really want to spend over twenty thousand dollars (Australian) and over twelve months in the Family or Federal Magistrate Court to have someone who knows nothing about your family tell you what you should do? We urge you to think about this as you are contemplating what to do about your parenting dispute.
We thought we would briefly look at children disputes. They are those little creatures on two legs.
Often after separation they can become the silent sufferers, mainly because both parents are so wrapped up in their emotional hurt that they forget what effect their actions have on the children (all the while believing that they are acting in the best interest of the children).
We do not mean to criticise parents, on the contrary, as both parents will no doubt try and do their best for the children. What we do want to happen is for both parents to quietly examine if their actions have really been in the best interest of the children or been motivated by some notion of payback.
Is it really in the best interest of the children not to see their father/mother (excluding extreme cases of violence, drugs etc)? Mothers generally tend to dictate the terms on which fathers can see their children and this can sometimes be perceived as being controlling and manipulative .
If there is a dispute about how often the children should see one parent the first thing both of you should do is engage the services of a good child focused psychologist who can assist both of you how to resolve the dispute and work out what is in the children's best interest.
In practice we often advise people obtain outside assistance from psychologist and it is astounding how few people take up this option, instead preferring to spend thousands of dollars in the legal system with uncertain outcomes and lengthy delay.
Alternatively, try mediating. There are plenty of excellent mediators around whose job it is to try and get the two of you come up with workable solutions.
Do you really want to spend over twenty thousand dollars (Australian) and over twelve months in the Family or Federal Magistrate Court to have someone who knows nothing about your family tell you what you should do? We urge you to think about this as you are contemplating what to do about your parenting dispute.
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