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Children and relationship separation

Secure attachment for children is key to their healthy development and the separation of their parents can interrupt this attachment, create anxiety, depression and underachievement as well as behavioural and health problems for children.

At Fishburn Watson O’Brien we recognise that being a family lawyer means assisting our clients to resolve matters on the basis of sound legal advice and in a cost effective manner.

We can provide expert advice on your rights and obligations, but also guidance during what can be a difficult period, always promoting outcomes that focus on the best interests of the children.  We aim for a prompt and efficient resolution of family law disputes.

No matter how contentious the separation, it is imperative for children to maintain an ongoing relationship with each of their parents. Parents normally have equal shared parental responsibility for their children and should discuss and agree on major aspects such as education. The Family Law Act places a responsibility on parents to support each others involvement in their children’s lives.

Courts can only decide a children’s matter if the parents have attempted to negotiate a settlement in relation to all aspects concerning their children. Only when this mediation attempt fails, the court is at liberty to look at the matter (except in circumstances like family violence, etc).

FWO’s nationally accredited mediator Marius Eden has seen great results from genuine attempts by the parties to resolve their property settlements using mediation rather than the Courts. It is not necessary for separating couples to end up in court. Who is better placed to resolve their property issues than the parties themselves? All it needs is a sensible approach.

At mediation the same approach (and legal principles) are used to determine the entitlement of the parties – but it is a more friendly and informal process with the focus on a solution.

Once a solution is reached it can be finalised through Consent Orders with no appearance at court by the parties.

Interestingly, parties at court often settle their matter with very similar results to what they could have done months earlier at much less cost and emotional strain.

We can help you with your negotiations and, if necessary, court proceedings for family law issues including:

  • Mediation
  • Parenting Plans and Consent Orders
  • Property and Financial matters and settlements
  • Financial Agreements (including pre-nuptial agreements)
  • Divorce

If you would like more information as to how you could resolve both property and children aspects of your separation, please contact Marius Eden on (02) 6650 7057. Marius is 100% focused on assisting you to resolve your matter by avoiding protracted court proceedings.

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