Transcript Community Legal Centres(WA) - Family Court of Western Australia

Principles - Children
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The object of the law is to ensure that the best interests of children are met by:
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ensuring that children have the benefit of both of their parents having a meaningful involvement in their
lives, to the maximum extent consistent with the best interests of the child; and
protecting children from physical or psychological harm from being subjected to, or exposed to, abuse,
neglect or family violence; and
ensuring that children receive adequate and proper parenting to help them achieve their full potential; and
ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and
development of their children.
The principles underlying these objects are –
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children have the right to know and be cared for by both their parents, regardless of whether their parents
are married, separated, have never married or have never lived together;
children have a right to spend time on a regular basis with, and communicate on a regular basis with, both
their parents and other people significant to their care, welfare and development (such as grandparents and
other relatives); and
parents jointly share duties and responsibilities concerning the care, welfare and development of their
children; and
parents should agree about the future parenting of their children; and
children have a right to enjoy their culture (including the right to enjoy that culture with other people who
share that culture).
Family Court of Western Australia
Information Session
What is in a child’s best interests?
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The most important consideration of the Court in making decisions about children is what is in the best interests of the children.
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The primary considerations that will be taken into account when deciding what is in a the best interests of children are:
The benefit to the child of having a meaningful relationship with both of the child’s parents; and
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The need to protect the child from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect
or family violence.
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The additional considerations are:
Any views expressed by the child
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Any other factors the court thinks are relevant to the weight of those views
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The nature of the child’s relationship with each parent and other significant people such as grandparents and step parents
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The willingness and ability of each of the child’s parents to facilitate, and encourage, a close and continuing relationship
between the child and the other parent
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The likely effect a change in circumstances will have on a child, such as moving to live with another person
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Any difficulties with the child spending time with a parent
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Each person’s capacity to provide for the needs of the child, including intellectual and emotional needs
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The maturity, sex, lifestyle and background of the child
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Cultural factors
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The attitude to the child and to the responsibilities of parenthood demonstrated by each parent
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Any family violence
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Whether it would be better to make an order that would be least likely to lead to further proceedings
Family Court of Western Australia
Information Session
Principles - Property
The Court takes 3 steps to divide property:
1. Identify and value assets and liabilities to calculate asset pool
2. Divide the property based on contributions
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Financial contributions (initial property/wages/inheritances)
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Non-financial contributions (work in family business/
farming/ renovations around the home)
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Contributions to the welfare of the family (role as
homemaker and parent)
Family Court of Western Australia
Information Session
Principles - Property (continued)
3: May adjust the division of property based on section 75(2) factors
these include:
 Future income earning capacity/qualifications
 Age and state of health
 Caring for children
 Responsibilities to support others
 Financial resources such as a trust fund
 Pension / superannuation eligibility
 Duration of the marriage
 Child support
Family Court of Western Australia
Information Session
Court Process- Property
1. Pre- Action Procedures –attempt to resolve dispute before filing at the Court e.g. negotiation,
mediation, counselling or arbitration. Do not have to comply if exempt.
2. File Application for Final Orders: Form 1 (Application) & Form 13 (Financial Statement)
3. Case Assessment Conference
4. Conciliation Conference
5. Pre- Trial Conference
6. Trial
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Applications for temporary or interim orders (Form 2) can be filed at any time – seek these for
matters that cannot be agreed while your application for final orders is underway
Family Court of Western Australia
Information Session
Documents to take with you to your
solicitor
 Marriage certificate and birth
certificates for children
 Pay advice slips
 Tax returns and group certificates
 Bank statements
 Market appraisals of the home
 Details of superannuation and life
insurance
 Expenses in the household (rates,
electricity, telephone etc)
 Details of debts (mortgage, loans,
credit cards etc)
 List of important dates
 Values of vehicles, boats, shares,
other assets
 School reports, merit certificates
 Medical reports, correspondence,
hospital records
 Court documents & legal
correspondence
 Correspondence with :
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Other party
Child Support Agency
Family &Children’s Services
Any other agency in relation to children
Family Court of Western Australia
Information Session
Working with lawyers
 Check Legal Aid availability
 Be open and honest
 Go prepared
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Take all relevant documents
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Take a list of questions
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Give clear instructions
 Ask for explanations
 Expect to be kept informed about the
progress of the case and costs
 Dissatisfied – raise your
concerns
 Manage your expectations –
listen to the advice
 Your lawyer cannot commit
you to anything to which you
have not agreed
 Ask about Costs
Time = Money
Family Court of Western Australia
Information Session
Family Court Fees
EFFECTIVE – 1 JULY 2006
Application for divorce (Form 3)
Application for nullity (Form 1)
Application for declaration as to validity (Form 1)
Application for final orders (Form 1) (Parenting or Financial)
Response to application for final orders (Form 1A)
(Parenting or Financial)
Fixing of hearing date (defended matters)
Notice of appeal from court of
summary jurisdiction (Form 20)
Notice of appeal- Full Court of the Family Court of Australia (Form 20)
$352
$639
$639
$191
$191
$383
$383
$787
In some cases fees do not have to be paid, for instance if you hold certain social security cards or
can show hardship. If you want to know more, or are unsure about fees, ask registry staff.
Please note: GST does NOT apply to the above Family Court Fees.
Family Court of Western Australia
Information Session
Where Do I Go Now?
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Legal Aid
For Accredited Family Law Specialists Contact:
55 St George’s Terrace Perth
Toll Free: 1300 650 579
www.legalaid.wa.gov.au
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http://www.flpawa.asn.au/accredited_specialists
Family Court Counselling & Consultancy
Service
150 Terrace Road, Perth
Phone: 9224 8248
Toll Free: 1800 199 228
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check the Yellow Pages under Solicitors
For Mediation Contact:
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Community Legal Centres(WA)
Relationships Australia
115 Cambridge St, West Leederville
Phone: 9489 6363
CLC Association 92219322
http://www.naclc.org.au/
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Family Law Practitioners Association of WA
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Family Law Arbitrators
Centrecare
12 Brewer Place, Mirrabooka & 456 Hay St, Perth
Phone: 9440 0400 or 9325 6644
www.familylawsection.org.au/arbitration/wa.htm
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Anglicare
23 Adelaide Terrace, East Perth
Phone: 9263 2050
Family Court of Western Australia
Information Session
Where Can I Get Legal Information?
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To access legal information on the internet you might try the following websites:
Family Court of Australia
www.familycourt.gov.au
Family Court of Western Australia – For Court Forms and Daily Court Lists
www.familycourt.wa.gov.au
Family Law Access Gateway
www.familylaw.gov.au
Legal Aid Western Australia
www.legalaid.wa.gov.au
Australasian Legal Information Institute – For Legal Research
www.austlii.edu.au
Commonwealth of Australia Law (For Family Law Act 1975- for parties who are married)
www.comlaw.gov.au
State Law Publisher Western Australian Legislation (For Family Court Act 1997- for de facto couples)
http://www.slp.wa.gov.au/statutes/swans.nsf
Library and Information Service of Western Australia (LISWA)
Alexander Library Building, Perth Cultural Centre, Francis St, Perth
www.liswa.wa.gov.au
Family Court of Western Australia
Information Session
Guide to Legal Terms
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AFFIDAVIT – Your typed statement setting out the facts of your case (your evidence). It must be sworn
or affirmed, usually before a Justice of the Peace, Notary Public or experienced lawyer, as a true
statement. Affidavits may also be sworn by other people in support of your case (witnesses).
CASE ASSESSMENT CONFERENCE – Usually the first court date. In children’s cases, you meet with
a Court counsellor who discusses the case and issues with you. The Registrar then joins the meeting and
the counsellor makes recommendations. Procedural orders may then be made. If your matter only relates
to financial issues, you will only meet with the Registrar.
CONCILIATION CONFERENCE –A meeting which you and the other party attend with a Registrar of
the Court. The aim of the meeting is to reach agreement about the issues in your case. If you cannot reach
an agreement, the Registrar will make procedural orders to ensure that your case is ready for trial.
DISCLOSURE – A process where one side provides to the other side a list of documents in their
possession, custody or control. This covers more than documents in your physical possession. If you
have questions about this term seek legal advice.
FILE – To lodge a document in the Registry of the Court and have it stamped with the seal of the Court.
NOTICE OF ADDRESS FOR SERVICE - A court form (Form 8) which tells the Court and the other
side the address where documents can be served on you. You can get this form from the Registry of the
Court.
ORDER – A decision of the Court which is binding on both parties until the Court makes other orders.
Family Court of Western Australia
Information Session
Guide to Legal Terms
(continued)
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PRE-TRIAL CONFERENCE - When you and the other party meet with a Registrar to outline how the case is
going and try and reach an agreement. If you can’t reach agreement, the Registrar will set a trial date and make
procedural orders to prepare the case for trial.
PROCEDURAL ORDERS – These are instructions (sometimes referred to as directions) from the Court about
what each party must do and when. The purpose of these orders is to ensure that the case is properly prepared for
each stage of the Court process, so that the case is resolved as quickly and cheaply as possible. Standard
procedural orders are made at each stage of the process. Other procedural orders may be made at the request of a
party in a case. If procedural orders are made, you must comply with them.
REGISTRAR – A legally qualified judicial officer performing judicial functions delegated from the judicial head
of the Court. Generally a Registrar exercises the powers of a judge in chambers and deals with matters of
procedure and interlocutory proceedings.
REMISSION OF FEES – This means that you do not have to pay certain fees that the Court charges. If you hold
certain Social Security cards or can show financial hardship you may not have to pay certain fees. You can apply
for a remission of fees at the Registry of the Court.
SERVE – To formally provide documents to the other side. There are special rules regarding service so ask at the
Registry of the Court about serving documents.
SWORN OR AFFIRMED – When you have made a solemn promise to confirm the truth of your evidence. An
affidavit must be sworn or affirmed before a Justice of the Peace, a Notary Public or an experienced lawyer.
Family Court of Western Australia
Information Session
Community Legal Centres
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Armadale Information and Referral Service
Hours:
9.30am - 3.00pm by appointment
Phone:
(08) 9497 1406
28 Sexty Street, Armadale WA 6112
Cost:
$5 unwaged, $15 waged
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Gosnells Community Legal Centre
Hours:
9.30am - 3.30pm Tuesday - Friday
Appointments taken Thursday morning for Evening Legal
Service
Phone:
(08) 9398 1455 or (08) 9398 1466
2240 Albany Highway Gosnells 6110 (next to Library)
Cost:
A donation for document preparation will be accepted.
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Lockridge Community Group
Hours:
9.00am - 3.00pm Monday - Thursday
A/Hours: Legal advice 7.00 - 9.00pm every 2nd Monday
Phone:
(08) 9279 1133
39 Dianna Crescent Lockridge 6054
Cost:
Nil
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Women's Law Centre WA
Hours:
9.00am - 5.00pm Monday to Friday
Phone:
(08) 9272 8800
Freecall: 1800 625 122
Email:
[email protected]
Cost:
Nil
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Northern Suburbs Community Legal Centre
Hours:
9.00 – 5.00pm Monday to Friday (Closed to Public on Wed)
Phone:
(08) 9440 1663
2/14 Chesterfield Road Mirrabooka 6061
Cost:
Nominal administration charge
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North Perth Migrant Resource Centre
Hours:
9.00- 5.00pm Monday to Friday (Closed to Public on Wed)
Phone:
(08) 9328 2699 or (08) 9328 5890
66 Angove Street North Perth
Cost:
$10 Administration Fee; $20 for preparation of typed court
documents
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Parkway Legal Advice Centre
Hours:
7.00pm - 9.00pm Tuesday & Wednesday
Phone:
(08) 9380 2945
Fax:
(08) 9380 1045
8 Parkway Avenue Nedlands 6009
Cost:
Nil
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Multicultural Services Centre of WA Inc
20 View Street, North Perth WA 6006
Phone:
(08) 9328 2699
Family Court of Western Australia
Information Session
Community Legal Centres
(Continued)
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Sussex Street Community Law Service
Hours:
9.30am - 4.30pm Mon, Tues, Thurs, Fri, Closed Wed
A/Hours: Night Legal Service - Monday & Thursday Nights
By appointment - phone Monday morning 9.30am
Phone:
(08) 9470 2676
Country: 1800 642 791
Website: www.sscls.asn.au
29 Sussex Street East Victoria Park
Cost:
Nil
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Citizens Advice Bureau
Hours:
8.40am - 4.00pm Monday to Friday by appointment
Phone:
(08) 9221 5711 between 9am - 4pm
Admin: (08) 9325 4217
5 Barrack Street Perth 6000
Cost:
$25 booking fee for legal appointments. Family Court
documents varies between $50 - $200.
Branches: Fremantle, Kwinana, Mandurah, Midland and Rockingham
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SCALES Community Legal Centres
Hours:
9.00am – 5.00pm Tuesday, Wednesday and Thursday
9.00am – 12.00pm Monday and Friday
Phone:
(08) 9528 6077
Website: wwwlaw.murdoch.edu.au/scales
Email:
[email protected]
Ground Floor, Lotteries House 80 Civic Boulevard,
Rockingham
Cost:
Nil
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Community Legal & Advocacy Centre
Hours:
Mon, Tues, Thurs, Fri – 9.00am – 1.00pm, 2.00pm – 4.00pm
Wednesdays – 9.00am – 1.00pm
A/Hours: Advice on family and general law on Monday & Wednesday
evenings: 5.00pm – 8.00pm by appointment.
Phone:
(08) 9432 9790
Email:
[email protected]
Birmingham Centre, 24 Parry Street, Fremantle 6160
Cost:
Nil
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Peel Community Legal Services
Hours:
9.00am – 4.30pm Mon, Tues, Thurs, Fri
Charlotte Lodge, 2 Sutton St, Mandurah 6210
Phone:
(08) 9581 4511
Website: www.peelcls.com.au
Email:
[email protected]
Cost:
Nil
Family Court of Western Australia
Information Session