Being involved in a family law matter is difficult. It can be emotional, stressful, and costly. For these reasons, it can be easy for an individual to lose sight of the ‘big picture’ when they are involved in Court proceedings or prolonged negotiations.
Family law matters involve sensitive issues, such as care arrangements for your children or the division of matrimonial property. These issues can also extend to family violence matters, which can impact other areas such as your employment and future opportunities.
If you are engaged in Court proceedings, you will be asking that the Court make orders in your favour (rather than in favour of your former partner).
Whilst it is important to place necessary evidence before the Court in support of your application, you should be mindful that your former partner will read this evidence. If you are in parenting proceedings, you will want to ensure that you frame any allegations against your former partner in a nuanced and considered way.
It is crucial to remember that after the Court proceedings have concluded, you and your former partner are still the parents, and you will likely need to work together to co-parent any children you have together.
When negotiating agreements about children, and particularly if you are entering into final consent orders, you should be aware that orders are final and viewed as the arrangements that will remain in place until the children reach 18. Final orders are difficult to vary without the consent of the other parent.
If you share joint decision-making responsibility, you will need to consult with your former partner to reach agreed-upon positions about long-term decisions for your children, including matters like what school they will go to, what religion they may practice, and medical treatment options.
You may need to work together on a day-to-day basis, for example, if the children leave something at the other parent’s house and vice versa, or if the children participate in extra-curricular activities and you cannot be in two places at once.
You should also give some thought to the coparenting relationship you want your children to see.
Similarly, in property matters, the Court is not interested in making moral judgements. Your evidence is often much more effective and persuasive when it is directed to the relevant facts.
When you are involved in a contested matter – and whilst easier said than done – it is useful to focus on the bigger picture and try to look at the situation objectively. Our family lawyers are highly specialised and experienced in remaining settlement-focused and will discuss with you options to resolve your matter in a way that limits damage to your co-parenting relationship. Here at Robinson + McGuinness, we can guide you through your family law matter with an objective lens, whilst remaining focused on ensuring that you secure a desirable outcome.
To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or by email on info@rmfamilylaw.com.au, or get started now online.