Family Law
The solution to your family law matter
The vast majority of parties involved in a family law matter wish to settle and in fact do settle their disputes without the need to litigate the matter[1][2]. The role of the solicitor in these matters is to properly inform our client about his/her rights, obligations and prospects and then to attempt to resolve the matter quickly, fairly and inexpensively through mediation and negotiation without compromising forceful representation in those matters which do proceed to litigation.
| Carlos Turini is a Partner in the firm and an Accredited Specialist in Family Law. Claire Naidu is an Accredited Specialist in Family Law and a Senior Associate of the firm. Shera Zaidan is specialist Family Law Solicitor Numira Kuruppu is specialist Family Law Solicitor |
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Our solicitors are experienced in all facets of family law including:
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FAQ:
What to expect at your initial family law interview at elringtons?
What to bring to your initial family law interview at elringtons?
10 Questions to ask your family law solicitor?
Do I have to go to court to get a divorce?
For more information or to make an appointment:
email: Claire Naidu at: cnaidu@elringtons.com.au
email: Carlos Turini at: cturini@elringtons.com.au
or call the Family Law Team on 02 6206 1300
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Glossary
Separation is normally a very unsettling stage in anyone’s life when people must cope with changes and grief at the same time that they may have to make decisions about their future, their children and property. The first decision should be to gain information and knowledge about the range of services and support available, government financial assistance, counseling and mediation services. Parties should also obtain appropriate legal advice.
Only when all this knowledge and information is obtained is a person prepared to start making decisions about the future and possibly divorce. 
When a parent moves with a child away from the other parent to another town or state or even to another country, he/she must obtain permission (leave) from the Family Court. In family law terminology, such a move is known as “relocation”. Leave is normally only required when the relocation will affect the frequency and length of visits between the child and the parent that stays behind.
Further Reading: Relocation – When a child moves away
The vast majority of family law matters are settled by mediation. Nearly 95% of family law matters settle [1] and a large proportion of those settle through the process of mediation. Mediation is compulsory (with some exceptions) in family law matters as parties must attempt to settle matters even before they commence litigation.
So, what is mediation? It is the process of settling a dispute with the assistance of an intermediary by compromise.
There is a range of mediation services available, parties may select to attend mediation centers or to engage a private mediator.
An essential prerequisite before one embarks in the mediation process is to receive appropriate advice about legal entitlements and prospects. The mediation process is a finely balanced act between a party’s entitlement and acceptable compromise.
Collaborative law is a way of resolving family law disputes that requires the parties and their respective solicitors to enter into a contract the basic tenet of which is that the parties and their respective solicitors contract out of litigation and agree to resolve all matters in dispute by negotiation. The core elements of collaborative law are that the parties and their respective clients enter into a contractual arrangement:
- To “negotiate a mutually acceptable settlement without using court to decide any issues for the clients”
- For the “withdrawal of the professionals if either client goes to court”
- To “engage in open communication and information sharing, and
- [To] create shared solutions that take into account the highest priorities of both parties”
Elringtons is one of the firms that have embraced collaborative law in Canberra. Our firm co-sponsored with five other Canberra firms a three day inter disciplinary conference for lawyers, counselors, social workers and financial experts. Carlos Turini (Partner) and Claire Naidu (Senior Associate) are trained collaborative law practitioners in our firm.
Further Reading: Collaborative Law – A new approach to Family Law
The parents of a child have a duty to support their children financially while the children are under the age of 18 years pursuant to the Child Support Assessment Act (1989) (“the Act”). The primary carer of the child or children can make a claim for child support from the other parent under the Act. Child support arrangements are administered by the Child Support Agency (CSA). The CSA will decide on the amount of support to be be provided by assessing each parent’s income, the number of children and their living arrangements.
Further Reading:
Challenging a Child Support Assessment
Private Binding Child Support Agreements
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[1] 95% of Matters Settle out of Court
