Welcome to Doolan Callaghan Family Lawyers

All Posts Tagged: Family Law Act

boys playing on the beach

What is an Independent Children’s Lawyer?

Independent Children’s Lawyers (ICLs) are specialised legal practitioners who are appointed in some family law matters to represent children’s interests. This means that they look at all the evidence in the case and tell the court what they think is in the best interests of children. The ICL is not your child’s lawyer and whilst they will tell the court if your child has a particular wish, they do not have to do what your child says.

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IDENTIFYING THE ASSETS AND LIABILITIES IN A PROPERTY SETTLEMENT AND THE WAY IN WHICH LOANS FROM PARENTS MAY BE TREATED BY THE COURT

In a property settlement, the Court will adopt a four-step approach to determine what adjustment of property is appropriate in a particular matter. In the first step, the Court must identify and value the property, assets, financial resources and liabilities. That is, the Court identifies and values all the property of the marriage, less the debts of the marriage. All property, assets and debts are included in this marital asset pool which is available for distribution. It does not matter whose name the asset or debt is in or how the asset or debt was acquired.

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happy child on the northern beaches

Determining the Best Interests for your Child

When looking at future parenting arrangements following the separation of parents, it is the best interests of the child or children that is the paramount consideration. Whether parenting arrangements are being discussed or determined through mediation, negotiation, collaborative law or court proceedings, the best interests of the child or children is always the primary focus.

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