Information Forum AIMS • To provide information about separation and its effects on parents and children • To increase your awareness of primary dispute resolution • To increase your awareness of the services of the Family Court. – Counselling and Consultancy – Registry – Judicial • To provide a framework for the Court processes • To provide information about community mediation services F Please note: Length of forum – approx. 1 hour Presenting organisations: Family Court Counselling and Consultancy Service Family Court representative F Please: Turn off mobile phones Take attendance certificate at session closure Take information handouts
THE FAMILY COURT COUNSELLING AND CONSULTANCY SERVICE v ROLE OF FAMILY CONSULTANT– Children’s Matters only • Assessment • Negotiation • Mediation • Case Management • Report preparation
Understanding the Emotional Process of Separation • • Adjusting to separation is a process Feelings and moods change over time People have different rates of adjustment Feelings include denial, disbelief, loss, grief, shock, anger and a sense of failure • Different reactions depending on role • Managing your reactions helps children cope
VIDEO – “Consider the Children” (5 segments – 12 Minutes) You can help children of all ages by: • protecting your children from the conflict between the parents • recognising children’s emotional needs • reassuring them of your love • explaining they are not to blame • looking after them • cooperating with the other parent • respecting similarities and differences
Children’s Ages • Video – depicts ages 6 -17 • Children from 1 -5 also affected – AGE – Infants – Toddlers – Preschoolers REACTION Changes in eating/sleeping, may be more fearful or anxious. Become clingy, cry, tantrums, sulk, problems sleeping/eating/toileting. Feel a sense of loss, fantasise “mummy/daddy coming back”, worry, blame themselves, attack the parent they blame for the separation, become depressed.
FAMILY VIOLENCE AND SEPARATION • Family violence can include: – physical, sexual, verbal and psychological abuse; or – financial controlling behaviour which is abusive. • Family violence can come from a desire for power and control. When that control is threatened by the other partner leaving, the risk of violence can increase. • Social isolation, emotional abuse, and physical assaults, can have long-lasting effects for all members of the family, including the children.
Risks to children • Children who witness family violence may: – Try to protect an adult victim, and be harmed themselves – Copy the violent behaviour they witness, both as children and as adults – Develop stress related illness and relational difficulties – Lose confidence, be afraid angry, and blame themselves for the violence • REMEMBER: Everyone has the right to feel and to be safe. • If you are involved in family violence seek help.
LEGAL PRESENTATION • PASS TO LEGAL ASSOCIATE NEXT
The Family Court w. Two Courts w. Magistrates Court Magistrates presides over first court event and decides how case should progress n. Magistrates can make final orders in many children’s cases n u Family Court n Judges hear longer and more complex matters w. Registry – Level 1 – Open 9. 00 am to 4. 00 pm Family Court of Western Australia Information Session © 9
Court Users w A Party – is a person involved in the court process. w A party includes: § § Applicant (the person who begins the process by filing the application) Respondent (the person who receives the application) Family Court of Western Australia Information Session © 10
Court Documents w Forms are available at registry and on website w. An Affidavit is a typed statement containing all the evidence upon which you rely. It must be sworn or affirmed in front of a Justice of the Peace. w. Affidavits by you and your witnesses w. It must contain facts and not legal arguments or your opinions. Family Court of Western Australia Information Session © 11
Reaching Agreement w If you don’t have an application under way you can reach an agreement. w This agreement can then be filed in the Court in a Form 11/Consent Orders Kit w This agreement is converted to binding Court Orders w You do not have to enter into the court process!! Family Court of Western Australia Information Session © 12
Pre-Action Procedures w Must follow these procedures before making an application w Must attend family dispute resolution in an attempt to settle dispute outside of court w Obtain certificate from registered family dispute resolution provider w Can be exempt w Consequences of non-attendance w Cost depends on provider – Family Relationship Centres provide up to 3 hours free w Family Relationships Advice Line on 1800 050 321 or visit www. familyrelationships. gov. au Family Court of Western Australia Information Session © 13
Court Process - Overview w MUST ATTEND ALL COURT EVENTS w Form 1 and/or Form 2 Application and Information Sheet filed w Case Assessment Conference w Series of hearings before a Judge or Magistrate Family Court of Western Australia Information Session © 14
Court Process 1. Applicant: Application for Final Orders (Form 1) w Hand form in at registry and serve a copy on the other party w First Court event approximately 28 days later 2. Respondent: Response (Form 1 A) Family Court of Western Australia Information Session © 15
Temporary Orders can be made quickly w w Called temporary/interim orders Stay in place until final orders made Either party – File Form 2 and serve the other party Person responding to Form 2 – File Form 2 A and serve the other party w First Court event usually in 28 days w If no agreement at first court appearance proceed to a hearing by a Magistrate who will make the orders Family Court of Western Australia Information Session © 16
Case Assessment Conference w w First Court event Held in a meeting room and/or a courtroom Reportable Assessment Interview n n n With a Family Consultant Identify issues and risks Lawyers are present if you have one w Negotiation together (if appropriate) w Magistrate joins the conference – makes orders Family Court of Western Australia Information Session © 17
Hearing Before a Magistrate w At end of the Case Assessment Conference. w Parties may be sworn in w The start of the trial w Magistrate will ask questions and make orders w These orders are binding until overturned by final orders Family Court of Western Australia Information Session © 18
Using a Court Room w Court etiquette w If you are unsure of what to do or what courtroom you are in ask the Court Officer w Judge or Magistrate n n Referred to as “Your Honour” Otherwise “Sir” or “Ma’am” Family Court of Western Australia Information Session © 19
Parenting Orders w w w w Some presumptions apply Exceptions also apply - abuse or family violence No presumption about equal or shared care Presumptions may be rebutted Only for children under 18 years Best interests of the child Requirement to consult each other and make joint decisions about long term issues w Example orders at Registry Family Court of Western Australia Information Session © 20
Parenting Orders w With whom a child lives w With whom a child spends time w With whom a child communicates w Who has parental responsibility for a child w How decisions about a child are to be made Family Court of Western Australia Information Session © 21
Child’s Best Interests w Primary Considerations: w The benefit to the child of having a meaningful relationship with both parents; and w The need to protect the child from harm and from exposure to abuse, neglect or family violence. Family Court of Western Australia Information Session © 22
Child’s Best Interests u Additional Considerations: w Views of the child w Nature of the relationship between the child and each parent and significant people w How well each parent facilitates a close relationship between the child and the other parent w Likely effect of a change in circumstances w Any difficulties with the child spending time with the other parent w Each parent’s capacity to provide for the child’s needs w The maturity, sex, lifestyle and background of the child w Cultural factors w Attitude of the parties towards parenting w Any family violence Family Court of Western Australia Information Session © 23
Court Fees w Divorce Application (Form 3) w Application for Final Orders (Form 1) w Response (Form 1 A ) w Fixing of a trial date $405 $191 $383 If you don’t think you can afford to pay these fees you can apply to have them waived - Ask at the Registry Family Court of Western Australia Information Session © 24
Legal Fees w Scale Fee n $192. 90 per hour unless otherwise agreed w Costs Agreement n Check carefully before signing w Client Must Be Informed of All Costs n And expected costs Family Court of Western Australia Information Session © 25
Where Can I Get Legal Information? For more information, daily court lists and Forms: Ø Family Court of Western Australia web site www. familycourt. wa. gov. au Ø To Contact Legal Aid Western Australia www. legalaid. wa. gov. au Ø For legislation or judgments see the Australasian Legal Information Institute website www. austlii. edu. au Family Court of Western Australia Information Session © 26
Need a Computer? v There are computers here at the Court Or v Your local library Family Court of Western Australia Information Session © 27
Need Some More Help? w Legal Aid 55 St George’s Terrace, Perth Toll Free: 1300 650 579 w Family Court Counselling & Consultancy Service 150 Terrace Road, Perth Phone: 9224 8248 Toll Free: 1800 199 228 Family Court of Western Australia Information Session © 28
Where Do I Go Now? w Family Relationship Centre – Ring the Family Relationships Advice Line - 1800 050 321. That line is open from 8. 00 am to 8. 00 pm Monday to Friday and 10. 00 am to 4. 00 pm Saturdays. w Community Legal Centres n Legal advice either for free or a nominal fee n See the handout for names and addresses w Need a Family Law Specialist? Law Society of WA 89 St George’s Terrace Perth Phone: 9322 4911 Family Court of Western Australia Information Session © 29
Mediation Services w Relationships Australia n 15 Cambridge Street, West Leederville n Phone: 9489 6363 w Centrecare n 12 Brewer Place, Mirrabooka n Phone: 9440 0400 w Anglicare n 23 Adelaide Terrace, East Perth n Phone: 9325 7033 w Private Mediators Family Court of Western Australia Information Session © 30
Post Separation Parenting Programs w Anglicare w Centrecare w Relationships Australia Family Court of Western Australia Information Session © 31
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