THE FAMILY COURT AND COVID-19 RESTRICTIONS
Debbie Bryan-Lamb • April 12, 2020
During the COVID-19 lock down period the Family
Court will continue to operate for priority proceedings only - including
Protection Orders and urgent changes sought in relation to Parenting
Orders. Most priority matters can be
dealt with by your lawyer and the Judge electronically, or over the
telephone. During lock down period unless
the Court or your lawyer asks you to go to Court, you will not need to attend the
Family Court.
For those who are required to attend Family Court, to minimise the risk of spreading COVID-19 virus the following precautions should be taken:
- Masks and gloves must be worn;
- A 2 metre distance must be kept between other attendees;
- Wash your hands frequently or use hand sanitiser;
- Stay home if you are ill or you have been in contact with someone who is ill;
- Stay home if you have been, or have been in contact with someone who has been overseas in the preceding 14 days.
Matters Likely To Proceed
Include those with:
- Statutory time frames such as applications for Compulsory Treatment Orders and Orders Under the Intellectual Disability (Compulsory Care and Rehabilitation) Act;
- Protection Orders or Interim Custody/Care and Protection Orders;
- Proceedings involving vulnerable parties such as Welfare Guardianship or Property Orders;
- Proceedings arising out of social dysfunction and family harm.
Alternative Dispute Resolution
If conflict between parents and caregivers are unable to be resolved via mutual agreement, mediation assistance can be requested via Family Disputes Resolution (FDR) available by remote access. Fairway Resolution Ltd provide mediation assistance and can be contacted on 0800 77 4420 or email fdr@fairwayresolution.com.
The partners are delighted to announce that Jonathon Amtmann has been promoted to Associate of the firm.
The Fencing Act 1978 (“the Act”) deals with boundary fences between neighbours. Read on to find out all you need to know when erecting a boundary fence.
With the use of social media and online platforms becoming more and more prevalent in our daily lives, it is also becoming easier for people to use these platforms as a way to inflict psychological and verbal abuse or harm on other people. Individuals are now able to use online platforms to create fake profiles, post, threaten, and stalk people as a form of psychological harm. It is even becoming increasingly common for people to send messages by entering text into the reference box in a bank transfer. Individuals are becoming more creative, so it is important that we are aware of the risks of harm, and take the necessary steps to avoid such behaviour from continuing. Under the Family Violence Act 2018, such online behaviour may constitute “family violence” and an application to the Family Court for a Protection Order may be necessary. In order to make an application under this Act, you and the person exerting this harmful behaviour (the Respondent) must have been in a “family relationship”. The Respondent may be a current or previous spouse or partner, or a family member. You may wish to seek special conditions to be included in the Protection Order should the Court grant one. This may include that the Respondent must take all reasonable steps to remove harmful material about you from social media. If you are not in a “family relationship”, an application can be made in the District Court under the Harmful Digital Communications Act 2015. In contrast to an application under the Family Violence Act 2018, for an order to be granted under this Act, it must be satisfied that the other party had intention to cause you harm, and such communication would cause harm to a reasonable person and did cause you harm. If successful, the Court may make orders against the other party including taking down or disabling the material, ceasing or refraining from the conduct concerned, or publishing an apology. This Act is narrow and more targeted, and is not likely to result in quick or efficient redress compared to the Family Violence Act 2018. In any event, it is important that you put necessary measures in place to stop this behaviour from continuing including not sharing your passwords, disabling GPS tracking on online platforms, blocking others on social media, and making a complaint to the relevant agencies.
Looking to buy your first home but having to rely on Mum and Dad to cough up some money? How would that work and what risks do you need to be aware of?
Four important legal documents essential in most people’s lives include having a:
• Will;
• Enduring Powers of Attorney (Property and Personal Care and Welfare);
• Family Trust; and
• Relationship Property Agreement.
Question
– do you want to have peace of mind about what will happen to your property if
you die or separate from your partner?
If you answered “yes” then yes you definitely need a pre-nup agreement.
If you are already living together as a couple or you are planning on moving in together, you need to get sound advice from an experienced lawyer specializing in relationship property matters. Right from the outset you need to understand the implications “living together” may have for your separate property rights.
The Wills Act 2007 sets out specific requirements Will documents must follow in order to be valid.
When a partner or spouse acquires property from a
third party by way of survivorship (or death), that property will be separate
property.
As a general rule, gifts between partners or spouses (known as “interspousal gifts”) are not classified as relationship property - unless such gifts are used for the benefit of both parties or that is the intention.
