Entries by osweb

Collaborative Surrogacy Representation

Simply put, collaboratively trained family lawyers are not adversarial lawyers. The ultimate goal of a surrogacy arrangement is for a child to be born that is loved in an open based relationship, taking into account the needs and aspirations of both the birth mother and the intended parents.  Collaboratively trained lawyers work together with all of the […]

What is Mediation and Why Should I try it?

Going to Court is costly and without doubt one of the most demoralising and stressful events you will encounter. There is an alternative, in fact more than one alternative but in general they all come under the heading of dispute resolution (also known as alternative dispute resolution and if under the Family Law Act 1975 […]

Turkey Embraces Mediation

The article : “Progress Of Alternative Dispute Resolution Mechanisms In TurkeyTurkey: Progress Of Alternative Dispute Resolution Mechanisms In Turkey” shows how dispute resolution, particularly mediation is internationally recognised as being a swift, lower cost way of resolving disputes. The statistic mentioned “According to the statistics, 228 disputes out of 233 have been concluded with settlement, […]

GOING TO SCHOOL – BUT WHERE?

If parents can’t decide where their children should attend school then the Family Courts are often asked to make that decision.
These are orders the Federal Circuit Court recently made in a report case –

MORE REASONS TO MEDIATE

There are many reasons to mediate and to mediate before you litigate. There are times when you have to go to court first but then don’t forget to mediate before you get to a trial stage. The Family Court and the Federal Circuit Court each have their own rules about dispute resolution.

SEX WORKER FAILS

This was an application by a Ms Kristoff (not her real name) seeking orders to adjust property division between her and who she alleged was her defacto partner Mr Emerson (not his real name). Mr Emerson was a paying client of Ms Kristoff, a sex worker. They became friends after finding they had a mutual interest in horses.

JUST A THOUGHT

Life takes unexpected turns but we try to help our clients navigate those turns.
“Remember that sometimes not getting what you want is a wonderful stroke of luck.”
― Dalai Lama

SEPARATING PEACEFULLY

DANGERS OF CONTINUING COHABITATION AFTER SEPARATION AND THE EFFECTS ON CHILDREN.
What have you been advised to do? There is potential danger and injury to the physical and mental health of both the parties and their children where they choose to continue to live in a state of anxiousness and conflict.

CHILDRENS RIGHTS NOT PARENTS RIGHTS

In a recent published case Golby & Nayar [2014] a Federal Circuit Court Judge comment that “The Family Law Act 1975 recognises that children have a right to know and be cared for by both of their parents, and it is very important for children to have both parents in their life if possible, but these are children’s rights