Highly recommend him specifically and the Armstrong legal company as a whole. This means that the great majority of custody agreements are actually arranged by parents without the intervention of the courts or the assistance of a mediator or solicitors. i could not be more happier or satisfied with the service i received and the help and information i also needed as well towards other things. The courts are much more likely to be involved in cases of family violence, child safety concerns, or other complex situations including mental health and substance abuse. I would highly recommend Armstrong Legal Lawyers and their team. I enlisted the help of Armstrong Legal for a matter where I was falsely accused of a crime by an ex-partner who would benefit from a conviction both in custody of our children and in divorce proceedings. The court must consider whether it is practical or in the child’s best interest for the minor to spend “substantial and significant” time with each of their parents. I highly recommend! She was attentive to my concerns, and always answered my emails, and sometimes silly questions. Navigating a minefield of legal jargon and the court system was explained professionally and with expertise . It meant a judge had to reject the 50/50 option before looking at any other. A 2014 survey discovered that the most common custody arrangement is for children of separated parents to spend at least two-thirds of nights with their mothers. Any parenting orders that are legalised determine the best interests of the child as the main consideration. Don't go past Armstrong Lawyers if you need help. Child custody ‘battles’ can be a complex and emotional process. Armstrong Legal helped me through my legal matter in a very professional way and gave me the best possible outcome. They were absolutely wonderful giving my very stressed girlfriend re property legal advice & giving their standardfree consatlation! The law has been in effect for a little more than a decade and it ­remains the most radical change to Australia’s family law since the original act was devised by the Whitlam government in 1975. Although in the past decade there has been an increase in equal residential custody, mothers are still much more likely to be awarded primary residential care. Kerry and Ramya were a god send the level of detail and professionalism they showed throughout the entire process helped me handle not only an emotional but tough period in my life thank you ladies you were brilliant. Just 3 per cent of fathers who go before the Family Court are refused access to their children, casting doubt on One Nation senator Pauline Hanson's claims that mothers … Her advice was timely and very comprehensive. Below are a few stats from a Pew Research Center analysis of the National Survey of Family Growth (NSFG) released in June … Can't recommend them enough. The Family Court of Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. Mr. Brown’s work ethic and dedication with assisting and representing me in court was exemplary. I was especially impressed by the great care that was taken to understand the details of the case, the fast comprehension of these details, the clarity of the advise offered, and the adherence to the agreed timelines and cost estimates. Genuinely equal time, where the child spends an equal number of nights with each parent (for instance, alternate weeks), occurs in less than one in ten parenting arrangements. Awesome work guys - thank you. A new unpublished memorandum opinion of the Superior Court illustrates what we tell clients all the time in custody cases: Those who have a clear plan for the children are more likely to prevail. He went out of his own way to gather relevant information and went far beyond what I was expecting him to do in my complex case, I would highly recommend him to anyone who needs legal representation. "They see their parents in conflict all the time and that's what's happened with the shared care," she said. Our lawyers will make you feel comfortable so you can talk about your situation. My legal matter was dealt with in a timely manner with as little fuss as possible. There is a lot of speculation out there when it comes to single parents – especially single mothers. It was a wonderful outcome and I cannot thankyou enough. Fathers receive less of … At the end, with the help of Carl, the prosecution ended up dropping all of my charges and the case never went through hearing. How Long After Separating Should You Start Property Settlement? I had a driving matter and Benjamin showed true professionalism and approached the matter with respect. Extremely happy with the service and help I received from Armstrong Legal, namely from Michael Burrows and Craig Van Der Hoven. They set my expectations low to prepare me and gave me great pointers about what I should have for court. What is the Family Court’s Lighthouse Project? Angel got me the outcome I was hoping for and I’ll be forever grateful for what she has done for me. Cool dudes. Armstrong Legal’s family law experts can provide advice about mother vs father custody in light of these statistics. It is important to remember that the presumption of parental rights in Australia is that both parents are equal. She dealt skilfully with the DPP and is an excellent negotiator. Adapted from a 7.30 Report story by Bronwen Kiely. "They've looked at all cases in conflict when you read it (the study). Glad we had him advocating for us in the Criminal Court. Trump told his supporters: 'Our journey is just beginning'. She say a child's best interests should always come first. To say I’m impressed with the professionalism and efficiency of Tyson Brown would be an understatement. Common law jurisdictions considered children to be property of the father and so, upon a divorce settlement, the primary custody of the child in question was immediately granted to the father. This lady goes to bat for her clients. "They loathe and detest each other and that spills over on to the child. Thank you Benjamin for your representation. See more resources on Post-separation parenting in … Tyson was very prompt and professional with responding to all my questions and my concerns. The Administration staff on the front desk, and particularly Kate were so friendly, and professional. The court will therefore begin with a presumption of equal shared parental responsibility, but allows for a rebuttal of this presumption in cases where there are family violence or child safety concerns. The findings from a large research program conducted by the Australian Institute of Family Studies tells many stories. All the other staff were very professional as well. The reference to fathers has been made given the shear number of fathers that are denied meaningful contact with their children, but given the changing nature of the family, more and more women are … Under this Act, the courts must always proceed in a way that prioritises the best interests of the child. The urgent question is, where will it end? Jonathan explained the criminal process and what to expect, he very supportive throughout the process, very patient and helpful. I would not hesitate to recommend Armstrong Legal Lawyers for their service, attention to detail and guidance throughout the entire process. It was after concerted lobbying by fathers' groups that the Howard government changed the law in 2006 to make equal-shared care the first preference in most custody cases. Thank you again. Disturbingly 28 per cent of their children are suffering acute emotional distress. Tyson Brown was excellent. For many involved, particularly fathers, so-called '50/50' parenting arrangements have been a great success. Binding Financial Agreements vs Consent Orders, Family Law Hearings in the Federal Circuit Court, Representing Yourself in Family Law Proceedings, Service of Documents in Family Law Matters, Registering a Relationship for a De Facto Visa. Understanding child custody statistics requires a consideration of the prevalence of divorce and family separation in Australia. Would highly recommend. The best legal services ever, thank you ❤️. Fatherlessness in Australia – Statistics. 1500 MDA 2012 (memo op., January 17, 2013), the Superior Court considered a custody case emerging from a virtually-equal shared custody … A Family Court review shows fathers were given majority custody in 17 per cent of litigated cases, but only in 8 per cent of those settled by consent, or early agreement, with the mothers. I had the best outcome possible, even better than what we thought it would be. Talk of reforming the Family Court and family law system is back in the headlines, but agitation about the family law system has a long history.. Child Support Agreements – Limited vs Binding. And, not the reason many fathers … The law presumes that a child has a right to a meaningful relationship with both parents and that children must be protected from family violence, harm, and abuse. A 2014 survey discovered that the most common custody arrangement is for children of separated parents to spend at least two-thirds of nights with their mothers. We’d like to thank Michael Hempsall for his professionalism, support, patience, understanding, and respect. Fathers have rights to see their children, and a mother needs to show that a father is an unacceptable risk to the child in order to withhold a child from a father in Australia. It is often thought that the mother has more rights than the father when it comes to child custody. Nothing was too difficult for her! Cara was unbelievable throughout the case very thankful for having her, I always felt comfortable, the advice she offered was always professional and in a matter that calmed me throughout the process. In C.H. She is a skilled litigator and knows the ins and outs of the ACT Magistrate's Court. For Father’s Day, 2001 the children’s mothers thought it would be nice for the kids and their dad to share a visit at … We hear a lot about how the courts are biased in favor of mothers when deciding child custody. My case was really complicated and we were expecting the case to be lengthy and not have a very present outcome. Very easy to deal with and very responsive. Matthew Eddy is a great bloke understanding and easy going and will listen to you and look at the best possible way to deal with the outcome of your matter. Tyson Brown was professional, good value and a funny guy best representation ive ever had thanks buddy, I highly recommend Tyson Brown from Armstrong legal he was very helpful and i was extremely happy with the outcome of my case. The most recently available figures, for 2000-01, show residence or custody orders favouring fathers in 19.6 per cent of cases, and have stabilised around this level for the past three years. Personal Injury Payouts in Property Settlements, Property Acquired After Separation But Before Settlement, Property Orders – Consent Orders & Judge Made Orders, Property Settlements and Items of Sentimental Value, Resolving Property Matters Without Going to Court, Self-Managed Super Funds and Property Settlements. Dr Nicola Bowes holds a Bachelor of Arts with first class honours from the University of Tasmania, a Bachelor of Laws with first class honours from the Queensland University of Technology, and a PhD from The University of Queensland. The boys say they are happy sharing time with both of their parents. Our lawyers strive to make this process as simple as possible. You will get a fair representation and she genuinely cares about her clients. At times I was slightly hesitant about the tactics Jonathan used when he first mentioned them to me, he knew the magistrate’s well and was able to tailor his tactics on each magistrate resulting in giving me the result that I was looking for. God bless. I spoke to Elizabeth in relation to a traffic offence, and found her knowledgeable, courteous and professional. This article was written by Dr Nicola Bowes. You were a real blessing to us, when we thought all was lost. For instance, most individuals tend to believe that most single mothers who choose to raise their kids on their own are either unemployed or receive government … i ended up having anastasia who was absolutely amazing not only with how professional she was but with the outcome she ended up getting my self at the end of it. Today, all states adhere to the "best interest of the child" standard in determining both legal and physical custody of children. Michael Burrows is a knowledgeable and highly effective solicitor who demonstrated both professionalism and compassion towards us and our circumstances. But fathers' groups, who have been generally supportive of shared-care arrangements, are dismissive of this argument. "Loving your children, it just boils down to that, loving your children, you've got to love your children more than you hate or dislike your ex or whatever your situation is," Mr Lehozcky said. I highly recommend Armstrong Legal Lawyers, and in particular Ms Cara Maynard. I couldn't have asked for more. Benjamin Edye from Armstrong Legal is a great lawyer, he got me the best possible outcome when representing me in court. I wish to thank you for the professional and transparent way in which my case was handled. Is Your Partner Hiding Assets or Cash From the Asset Pool? Was wonderful to work with, professional, caring and understanding. THE COURT FAVOURS MOTHERS Untrue. If you require assistance with a child custody matter or parenting dispute, our experts at Prime Lawyers – Family Law Division can help. But that does not automatically make the father unfit to assume the role of the primary caregiver of the child after the divorce. Fourteen-year-old Steven Lehozcky and his 16-year-old brother Paul split their time equally between their divorced parents, and their situation is an example of one of the good cases Mr Williams refers to. Will Del Din Senior Assoc Armstrong Legal provided excellent advice and I would most strongly recommend Mr Del Din as we found him to be professional, reassuring and followed through to a positive outcome. Impact of New Partner on Property Settlement, Initial Contributions in Property Settlements. With the help of Benjamin Edye my case was dismissed as my ex-partner was shown to not be credible. The latest material added to the Australian Institute of Family Studies library database is displayed, up to a maximum of 30 items. Understanding Australian Child Custody Laws. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. D.M.T.H., No. She treated me and my family with respect and was very sensitive to the emotions and stress we were experiencing. 5*. Cara would have to be the most Professional, Caring Lawyer I have encountered. and custodial mothers were more likely to have agreements (52.3 percent) than custodial fathers (31.4 percent). Mother vs Father Custody Statistics in Australia. Historically, it was assumed that the mother would get custody of the children in divorce due to the fact that in most cases, the mother was the primary caretaker or main care provider for the children when the family was in tact, while statistically, the father was the one that worked outside of the home and provided for the family. Mothers are awarded child support nearly 2 times as often as fathers are. Child custody settlements prior to the twentieth century were much more clear-cut than those taking place in present today. "The upside would be you get even time with your mum and dad so you get to spend good time with them but the downside is just having to pack and unpack all the time, it's just annoying.". Money well spent. Cara listened and understood our case and situation. Cara and Andrew from Armstrong Legal are the absolute and utter BEST!!!! My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. These matters are not about the parents’ rights to spend time with the children but rather the children’s right to spend time with parents if it is in their best interests. This article looks at some of the key statistics on mother vs father child custody in Australia, and discusses the attitude of the courts towards each parent in relation to child custody. She says every hour is accounted for in a rigid arrangement that equally divides her children's time and their loyalties. I have recently had cause to be represented by Ben Edye. "I think the spirit of the new legislation is right, but the devil's in the detail and what it's inadvertently done, I think, is fanned the flames of conflict," Dr McIntosh said. 10/10 From beginning to end. In roughly 29% of custody decisions, this is made without any assistance from the court or from a mediator. I was fortunate enough to have Tyson Brown as my representative, and words cannot describe what a great lawyer he is.From the very beginning, Tyson was knowledgeable, passionate about his work, and fantastic at communicating and providing clarity during difficult times. All rights reserved. "It concerns me if decisions are being made that are placing children under too much pressure, of course," she said. Thank you Ben! Gone are the days when mothers are presumed to be the "chosen parent" for physical custody. They haven't looked at the cases that are genuinely good cases where it's working," he said. You were professional at all times and kept me informed.My family is now back to normal because of you. A big thankyou to Micheal and Angela for their outstanding performance on defending me. In fact, only about 3% of separating parents in Australia make their parenting arrangements through the courts. Taking the next step and contacting a family lawyer can be scary. While the death of a mother or father before a child is 16 does have some effect on the child’s life, divorce does far more damage. After doing a bit of research on the subject I've come to the conclusion, based on child custody statistics, that the courts are not the reason mothers gain custody in the majority of divorces. Thank you so kindly re your services! "We do have to be very cautious about forcing children into arrangements which might be seen to be ideologically appropriate but really don't suit those children.". AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), Live: Streets deserted in Brisbane as Queensland records no new local cases, Woman who flew to Queensland from Victoria had new UK virus variant, Twitter permanently suspends Trump's account over risk of inciting 'violent acts', NSW Premier warns more-contagious UK coronavirus mutation 'will become the dominant strain', Live: Australian quicks turn up the heat to roll through India after lunch, Republican politician Derrick Evans faces 1.5 years in prison over riot at US Capitol, Trump refuses to attend Biden inauguration, breaking 150-year tradition, Scathing criticisms of $1.3 billion military contract fully revealed for the first time. I was full of anxiety and worry but I didn’t need to, they had all in hand.I would highly recommend Armstrong but most especially, Tyson. Thanks to Tyson Brown we had a good outcome for a bad situation. Thanks again Michael. We will surely recommend Michael Hempsall to anyone. Thanks mate. Armstrong Legal has been very helpful to me with legal matters. After this legislation was introduced, divorce rates rose, reaching a height in 1980. I wanted to express my appreciation and gratitude for the the representation that Serenay Kalkan gave me and my family. Would recommend this firm and use them again. Would definitely recommend either of the two blokes to friends and family, should they ever come into any trouble. When making parenting arrangements, Australian family law requires the best interests of the children to be the paramount consideration. He was completely understanding, professional and worked very diligently to the end and I’m so grateful I was his client. Fraudulent Misappropriation of Funds (NSW), Obtaining Property by False Pretences (NSW), Dishonest Statements With Intent to Deceive Members (NSW), Head Office: Level 35, 201 Elizabeth Street, Sydney NSW 2000. Kerry and her team were amazing. She was the one that saw a glimmer of hope in my case while the rest of the legal team didn't. We pay our respects to the people, the cultures and the elders, past, present and emerging. Contact us to make an appointment with a family lawyer at your … One of the most critical events in relation to divorce in Australia was the introduction of the Family Law Act 1975, which replaced the old fault-based divorce system with a system where the irretrievable breakdown of a marriage is the only basis for a divorce. I can make only the highest of recommendations for the services and care I received. Serenay was very patient with me and took the time to explain the process and was very honest about her expectations. Trudie Cameron in particular was very professional, knowledgable and very fast in responding. I could not recommend Andrew any more highly. Deike Kemper was absolutely first class throughout the process, highly recommended. 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