COVID-19 has had a significant impact for separated families, raising issues such as closed State borders and no child contact due to fears of illness. In one month, the court has had a 40% increase in urgent court applications. So, the court has created a new fast-track process for dealing with these.
This new listing process by the court commenced on 29 April 2020. It will run for 3 months and is called the ‘COVID-19 urgent parenting list’. This list is dedicated exclusively to urgent parenting-related disputes that have arisen due to the COVID-19 pandemic. The court says that the list is designed to quickly identify and deal with the cases that need urgent attention due to the COVID-19 crisis.
The court states that, “Applications that are eligible to be dealt with through the COVID-19 List, especially those involving issues of risk and family violence, will receive immediate attention and will be triaged by a dedicated Registrar who will assess the needs of the case and allocate it to be heard by a judge withing 72 hours of being assessed”.
Further, the court has said that “It is important that these urgent COVID-19 applications are closely managed on a national basis so that they can be heard as swiftly as possible given the unprecedented circumstances we are facing.”
The following are the examples of applications that may be suitable for filing in the COVID-19 List:
Family Violence: there has been an increase in risk due to family violence resulting from restrictions imposed on families during the COVID-19 pandemic.
Supervised Contact: the current parenting arrangements involve supervised contact, the contact centre is closed or the supervisor is unable to perform his/her role and the parties cannot agree on an alternate arrangement.
Border restrictions: the parties live in different States or Territories and the child cannot travel between the parties’ residences due to border restrictions.
Medical: the parties and/or child have tested positive for COVID-19 and cannot fulfill the parenting obligations due to sickness or concerns of infection.
There is a specific process to follow to meet the requirements of the COVID-19 list, this requires the filing of an Initiating Application, a supporting Affidavit (which is limited to only 6 pages) and a Notice of Risk.
Once the Application is filed with the court, the court will assess it to determine if it falls within the urgent COVID-19 criteria. If the matter is accepted, the matter will be given a Court date within 3 business days. For context, an Initiating Application filed in the usual course (i.e. not in the COVID-19 list) would generally receive a court date within 4 to 10 weeks.
The matter will then be provided to a Judge or Registrar based on availability, which may mean the matter is listed in Sydney or Melbourne, even if you live in Brisbane. We have recently been involved in a matter that was listed in Brisbane court but for the COVID-19 list it was heard by a Sydney judge.
The court also has the power to send a matter off to mediation, if it is suitable, and the court can make orders to that effect.
The court has also implemented important changes for the signing and witnessing of court documents. It is now possible for court documents to be signed by a party electronically, and without the need for a witness. This means that when these urgent issues arise, the documents can be prepared, signed and filed with the court very quickly, without the need to have documents witnessed in the usual course.
If you have a family law issue that is being impacted by the COVID-19 pandemic, and may need urgent intervention by the Court, we recommend that you contact us immediately to obtain legal advice to navigate this new and developing process. Contact our office on (07) 3221 4300 for a fixed-fee initial consultation.

The post What is the court COVID-19 urgent parenting list? appeared first on Michael Lynch Family Lawyers.

What does the court do in a division of property when one spouse has received a large lump sum payment as a result of a serious health condition or personal injury. Is it ‘my injury, so my contribution’? Each situation will have its own unique facts. Here is an example of what the court did in one recent case…
In a recent Family Court case, the Appeal court had to consider the trial judge’s decision made regarding the contribution of a lump sum from an income protection insurer following the wife suffering a stroke.  The Appeal court agreed with the trial judge that the wife receive injury payment of $235,152; in a net property pool of $1.8 million, an adjustment to give her a total of 53% for her.
In considering the adjustment to the wife, the court noted that the insurance payment received by the wife was for total and permanent disability. It was compensation for her not being in a position to receive income for the rest of her working life.
As the wife then used the payment to support the family prior to separation it was treated as a significant contribution by her.
In considering the case, the court noted there were many different scenarious that could exist in cases of injury payments such as, the contributions being made by one party, by the parties equally, or by the parties jointly however with one party making a greater contribution. In each situation it is important to consider the personal injuries payment as a “contribution” alongside all of the others, which can include (for example) the joint decision to take out an insurance policy and the care provided to the family following the health condition or injury.
Just as no two families are the same, no two cases are the same. It is therefore important that specialised advice is obtained in relation to each party’s property settlement entitlements; which will have regard to all contributions that have been made in the relationship.
Need family law advice?
To ensure you get what you deserve, we recommend that you seek professional legal advice on income protection and property settlement matters. Speak with one of our experienced family lawyers at your initial fixed-price consultation. Call us on (07) 3221 4300, or complete online form here to book your appointment.

The post How do I make a parenting plan? appeared first on Michael Lynch Family Lawyers.

What does the court do in a division of property when one spouse has received a large lump sum payment as a result of a serious health condition or personal injury. Is it ‘my injury, so my contribution’? Each situation will have its own unique facts. Here is an example of what the court did in one recent case…
In a recent Family Court case, the Appeal court had to consider the trial judge’s decision made regarding the contribution of a lump sum from an income protection insurer following the wife suffering a stroke.  The Appeal court agreed with the trial judge that the wife receive injury payment of $235,152; in a net property pool of $1.8 million, an adjustment to give her a total of 53% for her.
In considering the adjustment to the wife, the court noted that the insurance payment received by the wife was for total and permanent disability. It was compensation for her not being in a position to receive income for the rest of her working life.
As the wife then used the payment to support the family prior to separation it was treated as a significant contribution by her.
In considering the case, the court noted there were many different scenarious that could exist in cases of injury payments such as, the contributions being made by one party, by the parties equally, or by the parties jointly however with one party making a greater contribution. In each situation it is important to consider the personal injuries payment as a “contribution” alongside all of the others, which can include (for example) the joint decision to take out an insurance policy and the care provided to the family following the health condition or injury.
Just as no two families are the same, no two cases are the same. It is therefore important that specialised advice is obtained in relation to each party’s property settlement entitlements; which will have regard to all contributions that have been made in the relationship.
Need family law advice?
To ensure you get what you deserve, we recommend that you seek professional legal advice on income protection and property settlement matters. Speak with one of our experienced family lawyers at your initial fixed-price consultation. Call us on (07) 3221 4300, or complete online form here to book your appointment.

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Dealing with divorced parents and their children can be tricky. Find out from this webinar what you need to know as a Guidance Officer, Principal or Teacher when it comes to dealing with your students and parents with family law issues. Presented by Family Lawyer Susan Miranda. Susan is an experienced Family Law professional and presenter, who has extensive knowledge in all areas of Family Law, with particular interest in complex parenting matters.
To watch the recording of the webinar, please click here.
If you are a business, organisation or community group and you would like to discuss designing specific content to suit your audience, please contact us on (07) 3221 4300 or email us.

The post Schools Webinar – Family Law Implications for Schools appeared first on Michael Lynch Family Lawyers.

In the wake of the coronavirus pandemic Google has reported the highest number of searches for domestic violence help that they have seen in the past five years. Domestic violence services are already reporting an increase in demand. Here is some valuable information to assist anyone in such a situation.
The statistics on domestic violence are staggering. On average one woman a week is murdered by her current or former partner[1].
If you are a victim of domestic violence or know someone who is, please consider the following:

Domestic violence is not ok. You have the right to live a life free from violence. No one deserves to be abused and there is never an excuse for violence.

Domestic violence is not just physical abuse. Domestic violence also includes financial abuse, psychological/emotional abuse, verbal abuse, spiritual/cultural abuse, damage to property, sexual abuse, social abuse by controlling you, stalking and technological/digital abuse. Consider the WESNET Safety Net Australia Project safety check https://techsafety.org.au/resources/resources-women/ to learn how to increase your technology safety and privacy.

Obtain a Protection Order. You can obtain a Protection Order to help stop the violence.  In Queensland you can download an Application for a Protection Order from the Queensland Courts’ website and the link is https://www.courts.qld.gov.au/going-to-court/domestic-violence  The Application can be filed in any Queensland Magistrates Court.

Contact the Police. Call Triple Zero (000) if you are in urgent need of assistance from domestic violence.  For all other domestic violence related matters, phone the police on 131 444, 24 hours, 7 days a week. Alternatively, you can make contact with a police officer or police station by submitting the following form on the police website: https://www.police.qld.gov.au/domestic-violence

Get safe accommodation and counselling. DVConnect provide many support services including crisis counselling http://www.dvconnect.org/. The DVConnect Womensline can also help women and children find crisis accommodation.  Their weblink is http://www.dvconnect.org/womensline/ and you can call them 24 hours a day 7 days a week on 1800 811 811.  There is also a DVConnect Mensline and their link is http://www.dvconnect.org/mensline/ and they can be contacted on 1800 600 636 between 9am and midnight 7 days a week.

Obtain legal advice. You can obtain private legal advice from a family or criminal lawyer or obtain free advice from a Community Legal Centre such as Women’s Legal Service (“WLS”) Queensland https://wlsq.org.au/ Ph 1800 957 957 or Caxton Legal Centre https://caxton.org.au/ Ph is 3214 6333.  To find other Community Legal Centres near you please see this link https://communitylegalqld.org.au/find-legal-help/find-centre for Community Legal Centres Queensland. You may also be eligible for Legal Aid who may be able to assist you http://www.legalaid.qld.gov.au/Home

Get help. Consider contacting the following for support:

1800RESPECT– PH:1800 737 732 – 24 hour national sexual assault, family and domestic violence counselling line for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault. Website https://www.1800respect.org.au/
Lifeline PH 13 11 14– Anyone across Australia experiencing a personal crisis or thinking about suicide. Website https://www.lifeline.org.au/
Aboriginal Family Domestic Violence Hotline PH: 1800 019 123– Victims Services has a dedicated contact line for Aboriginal victims of crime who would like information on victims’ rights, how to access counselling and financial assistance.
Brisbane Domestic Violence Service PH 3217 2544– a free and confidential service for people in the Brisbane Metropolitan area who are affected by domestic and family violence. The service supports women, children, family members, same sex couples and others. Website https://www.bdvs.org.au/
Beyond Blue PH 1300 22 4636– provides information and support to help everyone in Australia achieve their best possible mental health, whatever their age and wherever they live. Website https://www.beyondblue.org.au/

Many of our solicitors at Michael Lynch Family Lawyers also volunteer at Community Legal Centres such as Women’s Legal Service and Caxton Legal Centre and provide free legal advice in respect of family law matters including domestic violence.
Family law matters need to be addressed carefully and professionally. To speak with one of our experienced family lawyers, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you in person, over the phone or by Skype.
[1] Bryant W & Bricknell S 2017. Homicide in Australia 2012–13 to 2013–14: National Homicide Monitoring Program report. Statistical Reports no. 2. Canberra: Australian Institute of Criminology. https://aic.gov.au/publications/sr/sr002

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A warm welcome to Megan Armstrong, who has recently joined Michael Lynch Family Lawyers as a new solicitor. Megan practices exclusively in family and relationship law.
Megan joins our team with good experience in commercial law and in all aspects of family law.
Megan is able to provide knowledgeable advice, negotiate and attend Court (when necessary) in matters relating to:
·         Separation and Divorce
·         Parenting arrangements
·         Financial Agreements
·         Property Settlements and Financial Restructuring for both married and defacto couples
·         Personal Protection issues involving Domestic Violence.
·         Child Support and Spouse Maintenance.
Megan’s expertise reinforces our position as one of the largest specialist family law firms in Queensland.
Welcome, Megan!

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We are delighted to announce that Michael Lynch, our managing director, has been recognised as one of Australia’s leading Family Lawyers. Michael has been listed in the independent peer-reviewed ‘Best Lawyers Report’ in April 2020.
The Australian Financial Review has published their annual report of The Best Lawyers in Australia. The award reflects Michael’s knowledge and expertise in Family Law.
The top family lawyer, Michael Lynch, has almost 30 years’ experience in Family Law. He is respected as one of Queensland’s leading Family Law Specialists. The prestigious list, ‘Best Lawyers’ is one of the most well-known and respected peer-reviewed publications in the legal profession and is compiled from extensive surveys. Congratulations, Michael!
To receive family law advice from one of our family lawyers, please contact us.

The post Michael Lynch makes it to ‘Best Lawyers 2020 report’ appeared first on Michael Lynch Family Lawyers.

Following separation if a couple are unable to live separated ‘under the one roof’ and cannot reach agreement for one of them to leave the house, either of them can apply to the court to obtain an order for exclusive occupancy.   A recent case provides a useful insight into how to determine an interim order for exclusive occupancy.
The Facts

The couple separated after a relationship of 20 years. The husband was 61 and the wife was 59. They had two children aged 19 and 16. The wife commenced property proceedings and sought interim orders restraining the husband from residing in the home and providing her with exclusive occupancy. At the time of the wife’s application the couple had already been separated ‘under the one roof’ for one year.
The wife said that the husband refused to leave the house and she had observed him to be under the influence of alcohol on occasions. She presented a report from her GP in which her doctor diagnosed her to have insomnia and situation anxiety fears. She also said that the children were starting to suffer from the stress and that their relationship with the father was strained.
The wife was concerned that without an order for sole use and occupancy from the court, the husband would remain in the home until property proceedings between the husband and wife were resolved on a final basis.
The husband said that he did not have the capacity to pay for rental accommodation in the area and that he also had health problems (joint pain and arthritic changes) that his doctor said would make it difficult for him to work. He sought to stay in the house and the wife leave.

Court Found

The court found that the disharmony in the house had heighted over the months leading up to the application.
The court did not accept that the husband did not have funds available to him to obtain alternate accommodation. While the husband claimed to be retired, he remained a property investor through the parties’ company that derived significant income from rental investments. The court found that the husband had better income and capital assets available to him than the wife to rehouse himself.

 Court Held

That the husband vacate the house within 7 days and after that time the wife be able to exercise sole use and occupancy of the property.

Need family law advice?
Please contact Michael Lynch Family Lawyers should you have any questions, or would like to get in touch regarding your unique situation.

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In family law matters, a spouse’s credibility is important, and the popularity of social media is now proving a shortcut to finding damaging evidence, particularly in children’s parenting cases. As it is often difficult to obtain evidence showing absentee-parenting and behaviour which is not child-focused, the court is increasingly seeing late-night tweets, risque Facebook photographs, or toxic status updates used as primary evidence in circumstances where there may otherwise be no evidence to rely on.
Couples going through stressful and ugly separations often make the mistake of venting their emotions online. In family law such evidence commonly includes a party admitting posts that they are pursuing extra funds in retaliation, or saying that they are relieved the children are gone for the week. Other examples include photos or anonymous posts suggesting the father or mother had been at parties drinking or doing drugs when they should have been at home with their children. Something that, to some, may be considered funny, such as a post of a photo of themselves with a beer in their hand and a stupid hat on their head with the caption “Drunk Again!” can be used by the other parent as fuel to argue a diminished capacity to parent, or lack of judgement in caring for the children.
But can this really be used as evidence?
Family Law proceedings raise a particular set of evidentiary concerns, most notably in connection with evidence in children’s cases. To deal with that, the Family Law legislation in Australia relaxes some of the rules of evidence, for example, evidence of a representation made by a child about a matter that is relevant to the welfare of the child or another child is admissible even if it offends against the “hearsay” rule.
As a result of this leniency, evidence from social media sources that arguably goes to the “welfare of a child” will more than likely be accepted as evidence, unless the actual authenticity of the evidence or author of the evidence is contested.
The more relevant question to ask however is not whether it can be used as evidence but what weight the court will give to that evidence? The court may determine that such evidence should be given little weight, and therefore it may not have an impact upon the decision the court would have otherwise made but for that evidence. However, this will entirely depend upon the nature of the evidence and is a matter for the discretion of the Judge dealing with a matter on that day.
Though some judicial officers demonstrate a reluctance to allow such evidence to be determinative, there are a number of recent Family Court decisions that have dealt with evidence from Facebook.
In one recent decision, the father sought that the mother and child be returned to New Zealand from Australia. The mother argued that the relocation to Australia was by agreement and that it was the father’s original intention to also move and get a job in Australia. However, the mother’s comments on Facebook that “I have made the decision to stay in aussie” were determined by the court to indicate a unilateral decision, not a prior agreement. In addition, the mother’s Facebook comment “was just meant 2 have extended holiday after [the father] abandoned us at least till fares were cheap” seemed to be an admission by the mother that the departure from New Zealand was for the purpose of a holiday. In this case, the court ordered that the child be returned to New Zealand.
As a consequence, monitoring the other spouse’s movements and comments on social media websites is a good precautionary step to take, as well as making sure that you log off and stay offline.
Social media and online communication presents both traps and opportunities in family law matters. If you are involved in a family law matter yourself, assume that anything and everything may be used as evidence – updates, comments, uploads – so, “stop it” and log off!
Speak to One of Queensland’s Largest Family Law Firms
If you need assistance with your family law matter, contact our family law firm in Brisbane today. Our lawyers can help protect your rights and responsibilities. This will ensure you achieve optimal outcomes, allowing you to move forward with your life.

The post Stop It! Family Law and Social Media appeared first on Michael Lynch Family Lawyers.

Overseas it’s called alimony, in Australia it’s called spouse maintenance. It is where one spouse provides regular payments to the other, when separation has occurred and there is a significant difference in income. So does it apply to you?
Spouse maintenance is where a payment is made by one spouse to the other (whether the couple was married or de facto) because of a significant difference in their incomes.
Under the Family Law Act, there is no formula to apply in determining how much spouse maintenance should be paid, rather there are a number of factors that need to be considered.
Spouse maintenance does not arise for every couple, however where it is an issue the amount will differ in every case.
Our Brisbane family law firm is experienced in dealing with complicated spouse maintenance issues and our understanding solicitors can help you through your unique situation.
There are two types of spouse maintenance applications dealt with in the court:

Spouse maintenance is financial support paid to a party to their former husband or wife in circumstances where they are unable to adequately support themselves.
De facto partner maintenance is financial support paid by a party to a broken-down de facto relationship in circumstances where they are unable to adequately support themselves.

The Family Law Act states that a person has a responsibility to financially assist their spouse or former de facto partner if that person cannot meet their own reasonable expenses.
Where applicable, both parties have an equal duty to support and maintain each other. This obligation can continue even after separation and divorce. The extent of the support depends on what the other party can afford to pay.
When making a decision, the Court considers:

The financial needs of an applicant and
The respondent’s capacity to pay
Your age and health
Your income, property and financial resources
Your ability to work
What is a suitable standard of living
If the marriage has affected your ability to earn an income
With whom any children (under 18 years of age or adult children who are disabled) live.

FAQs

Q. Who can apply for Spouse Maintenance?
A. Both married and de facto spouses can seek spouse maintenance from their spouse following separation. The application must be made:

For married spouses, within 12 months from the date of your divorce becoming final; or
For de facto spouses within 2 years of the end of the de facto relationship.

Q. How long does Spouse Maintenance go on for?
A. An Order for spouse maintenance continues for

The time specified in the Order or
Until the remarriage of the recipient; or
The death of the payer or recipient; or
A significant change of financial circumstances for the payer or recipient

Q. Can Spouse Maintenance Orders be changed?
A. Yes once it has been made, an Order for spouse maintenance can be varied at any time when there has been a change of circumstances.
Q. Can Spouse Maintenance be completely extinguished?
A. The only way that a party’s ability to make an application for spouse maintenance can be extinguished is by entering into a Financial Agreement. The effect of a Financial Agreement, if it deals with spouse maintenance, is to oust the jurisdiction of the Court to deal with any future spouse maintenance applications.
Q. Why are spouses responsible for financially supporting each other even after they separate?
A. The Family law Act provides that a person has a responsibility to financially support their former spouse if they are unable to meet their own reasonable expenses. If one spouse has been out of the paid workforce for a number of years to care for the parties children and does not have current work experience or qualifications to obtain paid employment, their spouse has a responsibility to support them until they can earn (or generate) income to support themselves.
Q. Can an application for Spouse Maintenance be made more than 12 months after divorce?
A. You must apply for the Court’s permission (“leave”) to make an application for spouse maintenance after12 months from your divorce becoming finalised. You will need to explain the delay in making the application and satisfy the Courts that you or the children of the relationship would suffer hardship if the application was not heard by the Court.
Q. Can Spouse Maintenance be arranged by agreement ‘outside’ court?
A. Yes. Spouses can agree to resolve their spouse maintenance matter without the Courts intervention.  This will save you both a lot of time, money and stress. However, you should seek family law advice from an experienced solicitor about any agreement to finalise your financial matters.
Q. Which court should Spouse Maintenance applications be filed in?
A. Spouses can apply to the Family Court of Australia or to the Federal Circuit Court  of Australia to have their spouse maintenance (and property matter) decided. Generally however the Family Court will only hear more complex and complicated cases.
Q. How is Spouse Maintenance paid?
A. Spouse maintenance can either be paid in regular instalments or a lump sum directly to the spouse or to a third party (for example by mortgage payments), depending on the needs and preferences of the spouses.
We hope this information is helpful. If you require expert spouse maintenance advice, call Michael Lynch Family Lawyers on (07) 3221 4300 to arrange a fixed-cost ($385 inc. GST) no-obligation one-hour appointment with a family law solicitor. We can discuss your situation over the phone or by SKYPE.

The post Does my working ex have to support me? appeared first on Michael Lynch Family Lawyers.

At the time of a separation from your spouse or partner the question you might be asking yourself is “what is the property settlement process after separation?” or “how much will I get?” The property settlement process can take place any time after separation has occurred, you don’t have to wait for a divorce.
Property settlement time limit after divorce
It is important to be aware that there is a time limit for a property settlement after divorce.  This is known as the limitation period, and it is the time period in which you are permitted to file proceedings for property settlement in the family court. Once the time limit passes you cannot make a court application without first seeking permission form the court, and the court may not give you that leave.  The time limit is 12 months after the date of your divorce (in the case of married couples) and two years after the date of separation for de facto couples.
Who gets what in the divorce settlement process?
There is no set family law property settlement calculator because it is not a strict mathematical process.  Entitlements are different in every matter.  Below is a snapshot on the steps to take, but working out how a property division will occur is not easy, so it is important that you get property settlement advice from an Accredited Family Law Specialist.
The property settlement process includes the following:

What is the net pool of property available to divide?
What contributions have the spouses made?
What are the future needs of the spouses? and
Is the proposed property division just and equitable?

Property settlement tip : it is important to start collating your financial paperwork, such as tax returns, bank statements etc. to get as clear a picture as you can of the property values involved. It may also be necessary to exchange financial documentation with your former spouse or partner. You may also have to jointly obtain valuations of any property values in dispute, especially real estate. The spouses will need to try to agree on the values of each of the assets.
Calculating the net pool of property
This part is the foundation stage of the process and is a necessary first step in determining a property settlement percentage range.  Things can get tricky at this stage, especially if your former spouse or partner is trying to hide assets or be less than upfront about their finances and that is why seeking property settlement advice from a family lawyer at the start is important.
What contributions have you both made to the relationship and what are they worth?
In the property settlement process the types of contributions taken into account include financial, non-financial, and, homemaker and/or parent contributions.
Financial contributions: the considerations for financial contributions are wide and include what each of you owned when you first moved in together, as well as any gifts or inheritances received during the relationship. These are just some of the considerations.
Non-financial contributions: this refers to what each spouse has contributed to the conservation, preservation or improvement of property, for example have you or your spouse renovated the family home?
Homemaker/parenting contributions: This takes into account if one spouse has been a stay at home parent, or reduced their work hours to look after the children. It also takes into account the contributions both spouses have made to the domestic duties of the household, such as cooking and cleaning.
All of these contributions need to be evaluated in the context of other factors about your relationship including the length of your relationship and the “future needs” of both of you.
Future Needs
This is where we need to look ahead and take into consideration the factors affecting the future needs of both spouses.  There are a wide range of factors taken into consideration at this stage, some of them are:

the age and health of both parties;
whether one spouse earns a higher income than the other; and
who has the care of the children;

Just and equitable:  Lastly, it is necessary to consider what is a fair result? For a property division this is referred to as to whether it is ‘just and equitable’ to both parties.
This property settlement process will result in a percentage division of the pool of property between the spouses.  It is important that whatever the property settlement you reach with your former spouse or partner, that it is properly formalised.  We strongly suggest you seek property settlement advice from an Accredited Family Law Specialist for your specific situation as well as to see what the best way is for you to formalise your property settlement.
Tips: Everyone’s situation is different, and it is of no assistance to rely on an outcome that a friend or family member may have achieved in relation to their property settlement, as their circumstances may be different to your own.
The calculation of a property settlement is complex. We suggest that if you are considering separating or have recently separated, that you get specialist family law advice as soon as possible.
Frequently Asked Questions (FAQs)
Q. I have separated from my partner, do I need to wait 12 months before doing a property settlement?
A. No. While you can do the property settlement process after divorce, you can also do it as soon as you separate. We recommend you look at doing it sooner rather than later.
Q. Isn’t it always just 50%-50% with property settlement?
A. No, it will depend on the circumstances of your case, but there is no 50% – 50% starting point.
Q. Why do I need to see a lawyer? My neighbour just went through the same thing – they have told me what to do.
A. Everyone’s situation is different, and you cannot rely on an outcome that a friend or family member may have achieved in their own unique circumstances.
Contact us for your own advice. Phone (07) 3221 4300 for a fixed-cost no obligation appointment with a family law expert.

The post How is a divorce settlement worked out? appeared first on Michael Lynch Family Lawyers.

DIFFERENT PARENTING APPROACHES
Children benefit from routine, structure and consistency.
Therefore, in the wake of the coronavirus (COVID-19), parents should consider implementing consistent messages, educational practices and hygiene practices between households to the best of their abilities. Any agreements you reach surrounding COVID-19 should be in writing and may later be used to update a parenting agreement or consent orders for future health emergencies.
WITHHOLDING PARENTING TIME
The Australian government has not yet mandated an absolute lockdown (quarantine). There are specific quarantine rules (see below) you and your children will need to follow. Although there is substantial guidance on social distancing and preparing for a possible quarantine, at this point you would not likely be justified in withholding parenting time unless complying with specific self-quarantine requirements. If you do withhold a child, the other parent may make an application to court to contravene you. If you are of the view that there are compelling reasons for the child to be withheld, you should obtain legal advice about your specific circumstances. If you and the other parent agree that your child/ children remain with one parent for a period of time and that agreement differs from your current parenting orders, consent orders or parenting plan, then you should ensure that any agreement is confirmed in writing (e.g. in an email or text message). The written agreement should clearly state the agreed timeframe (e.g. for a period of two weeks) and specify if any make-up-time arrangements will apply.
SCHOOLING
As long as schools are open, healthy children who have not been asked to self-quarantine should attend unless parents have a reasonable excuse for keeping them home. A reasonable excuse may include medical advice about a specific risk to a vulnerable family member. In such cases, it is sensible to get a letter from a doctor that covers the child’s absence from school. The Education (General Provisions) Act 2006 (Qld) also protects parents from being fined for failing to send their child to school in the event that the child is prevented from attending because the child, or a group of people they are part of (overseas returnees for example), is subject to a lawful direction, declaration or requirement about a contagious illness (s 202 Education (General Provisions) Act 2006 (Qld)).
Parents of children with more complex educational needs should be communicating with their child’s school as soon as possible about the provisions being made for their child in the event the child’s school closes for a period of time. Parents of children with health concerns need to speak to their healthcare provider about making the right choices for their child and family. Any children who are home from school must be properly supervised and cared for. It is an offence to leave a child under the age of 12 alone without reasonable provision for their supervision and care (s 364A Criminal Code 1899 (Qld)).
WILL I BE ABLE TO GET AN URGENT COURT HEARING TO DEAL WITH ANY DISPUTES?
At this stage the Federal Circuit Court of Australia and the Family Court of Australia have implemented urgent operational arrangements. Judges will be prioritising urgent matters. The judges will decide what is and is not urgent. It is important for you to obtain legal advice before considering making an urgent application to court. It is also important to note that any existing court matters may be adjourned and may be heard by telephone at this time. If you have a current matter before the court, there may be changes to upcoming court dates for your matter. You may also be asked to appear by telephone. We recommend that you create an online comcourts account, so that you can access your online file. You can create an account by following the instructions published here (www.comcourts.gov.au/). Your online file will show any changes to dates that may occur in your matter. If you are self-represented, you should also ensure that the court has your current correct contact details. TRAVEL There is currently a travel ban. If the travel ban is lifted and you still have concerns about interstate or international travel, and if your parenting orders stipulate there must be consent, you can exercise your right to withhold consent. If your parenting plan does not require consent, but simply requires notice, you will need a court order before you can prevent the other parent from taking the child out of the country. Whether or not you can get a court order will likely depend on the location of travel and the level of risk of exposure to the virus. Science and data surrounding the coronavirus is still evolving and, although the guidance may change, knowingly exposing your child to the virus by taking them to a high-risk country may be sufficient grounds for a court order preventing the travel.
MEDICAL TREATMENT
If your parenting order or parenting agreement states that you and the other parent have equal shared parental responsibility, then you must both share decision making about medical treatment and also immunisation (if a vaccine is developed) for your child/ children. If you have no orders or agreement in place, then there is a presumption that both parents have equal shared parental responsibility. If you have a parenting order that states that you have sole parental responsibility, then you can solely make decisions about your child’s medical treatment. If you have equal shared parental responsibility and you take action without the agreement of the other parent then that parent may contravene you. If you are having difficulty reaching an agreement with the other parent, then you may wish to engage a mediator to assist you, or seek urgent advice from a legal practitioner about your options.
I CANNOT PAY CHILD SUPPORT BECAUSE OF REDUCED INCOME
You are still responsible for paying child support. If you find yourself in a bind, consider talking to the other parent to reach an amicable solution and, if you cannot work it out peacefully, you should contact the child support agency and seek independent legal advice where needed.
WHAT IS SELF-QUARANTINE?
You and/or your children may have recently received a notice from a government health department to self-quarantine. Self-quarantine is for people who are well but at risk of having the coronavirus. If you and/ or your children have been overseas, you need to self-quarantine for 14 days from the date you arrived in Australia. You must also self-quarantine if you have been in close contact with someone who already has the coronavirus.
Self-quarantine means staying in your home, hotel room or provided accommodation, and not leaving for the period you are required to quarantine. Do not allow visitors into the home. If self-quarantine directions are not followed, you may be subject to enforced quarantine and could receive fines of up to $13345 and other penalties. If it is only you that has received a notice to selfquarantine, other members of the household including your children are not required to self-quarantine unless they meet one of the criteria for self-quarantine (above). If you develop symptoms and are suspected to have the virus, members of the household including your children will be classified as close contacts and will then need to self-quarantine.
WHAT IS CLOSE CONTACT?
Queensland Health defines close contacts as those who have had face-to-face contact with a confirmed case of COVID-19 for a period more than 15 minutes, or those who have shared an enclosed space with a confirmed case of the virus for more than two hours.
IS ISOLATION DIFFERENT TO SELF-QUARANTINE?
A diagnosis of COVID-19 triggers isolation. Isolation is used to separate you when you are ill from healthy persons. You may be in isolation at a hospital or at home. The term ‘self-isolation’ has been used interchangeably at times with ‘self-quarantine’. Social distancing means minimising social contact and may include self-quarantine measures. If you or your child is in isolation due to a diagnosis of COVID-19, you will need to follow the directions of Queensland Health.
NEED ADVICE?
For a fixed-cost no-obligation initial consultation contact Michael Lynch Family Lawyers by calling (07) 3221 4300 or emailing to [email protected].
Source: Caxton Legal Centre Inc, “COVID-19 and Family Law Issues”, APRIL 2020

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The outbreak of the coronavirus COVID-19 has impacted people in varying ways on an international scale. It is understandable that during times like this, people may be feeling afraid, worried, anxious and overwhelmed by the constantly changing alerts and media coverage regarding the spread of the virus.
While it is important to stay informed, the following are some mental health and wellbeing tips and strategies to continue looking after ourselves and each other during these difficult times.
Manage your exposure to media coverage as this can increase feelings of fear and anxiety. Be mindful of sources of information and ensure you are accessing good quality and accurate information. Here are some tips:
Follow a “calm yet cautious” approach – do you best to remain calm and be mindful not to contribute to the widespread panic that can hinder efforts to positively manage the outbreak. Ensure you are following directives issued by the government, medical advice and observe good hygiene habits.
Show compassion and kindness to one another – these times of fear, isolation (both physical and social) and uncertainty are when it is most important that we strengthen our sense of community by connecting with and supporting each other. Remind ourselves that we can manage this much better together in solidarity, and that COVID-19 doesn’t discriminate – it can affect anyone regardless of age, gender, nationality or ethnicity.
Actively manage your wellbeing by maintaining routines where possible, connect with family and friends (even if not in person), staying physically active, eating nutritious foods and seeking additional counselling support as required.
Strategies to cope with social distancing, self-isolation or quarantine
Going into a period of social distancing, self-isolation or quarantine may feel daunting or overwhelming, and can contribute to feelings of helplessness and fear. In addition to the above, we encourage the following;

Perspective – try to see this time as unique and different, not necessarily bad, even if it something you didn’t necessarily choose
Connection – think of creative ways to stay connected with others, including social media, email and phone
Be generous to others – giving to others in times of need not only helps the recipient, it enhances your wellbeing too. Is there a way to help others around you?
Stay connected with your values. Don’t let fear or anxiety drive your interactions with others. We are all in this together!
Daily routine – create a routine that prioritises things you enjoy and even things you have been meaning to do but haven’t had enough time. Read that book, watch that show, take up that new hobby.
Try to see this as a new and unusual period that might even have some benefits.
Limit your exposure to news and media. Perhaps choose specific times of day when you will get updates, and ensure they are from reputable and reliable sources.

Staying connected through the COVID-19 crisis
Research after the SARS pandemic in Hong Kong in 2008, provides evidence of the significance of connection through epidemics.  It found that residents in Hong Kong experienced increased social connectedness, which offset the negative mental health impacts of the pandemic.
As connection is so important during this time, here are some tips on staying connected to others during this time. Remember – we are all in this together.

If there is someone you think may struggle through social isolation, it is important to reach out to them and let them know you care:

Call them to check on their welfare
Send an email
Leave a note under their door
Don’t underestimate the power you have to offer hope to another person.

We encourage people to get creative with how they interact, here are some ways to stay connected if self-isolating:

Set up a gratitude tree – where every member posts a message or sends a text to other members to share something they are grateful for.
Find a buddy, or group of, to set daily challenges with. These could include a healthy habit, a mindful practice, a creative pursuit. Be sure to encourage and check in daily to stay motivated.
Set dates and times to watch the same TV shows/movies with someone and message each other your thoughts along the way… kind of like Goggle Box but you’re not sharing the couch!
If your local community has one, join its social media group! This will keep you up to date with what’s going on directly around you. It may also include ways you can perhaps reach out and connect with someone less fortunate than you and ways to assist them.

Helping children cope through COVID-19
This is an uncertain time for everyone, and children may be impacted by fear and anxiety. Here are some tips on how to ensure your children are supported;

Give your children extra attention and reassurance. Where possible, minimise their exposure to media and social media that may heighten anxiety
Acknowledge your own feelings about the situation and let children know it’s okay to share their own feelings
Include your children in plans and activities around the house
If you don’t see an improvement in 4 weeks, or if you’re concerned, seek professional help (earlier if needed).

Reputable sources of information

Australian Department of Health – http://www.health.gov.au
World Health Organisation – http://www.who.int
Smart Traveller (information for Australian travellers) – https://www.smartraveller.gov.au/news-and-updates/coronavirus-covid-19

Where to go for support?
It is extremely important to seek out help if you feel you need it.

13 11 14 will continue to be operating 24 hours a day, 7 days a week
Lifeline Text 0477 13 11 14 will continue to operate 6pm – midnight (AEDT), 7 nights a week
Lifeline webchat will continue to operate 7pm – midnight (AEDT), 7 nights a week
Kids Helpline – for children that may need support 1800 55 1800 https://kidshelpline.com.au
Beyond Blue – 1300 22 4636 https://beyondblue.org.au

Source: Lifeline “Mental health and wellbeing during the Coronavirus COVID-19 outbreak”, APRIL 2020

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The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) are acutely aware that the current pandemic is having an enormous impact on families and the Australian community.
Parents are naturally deeply concerned about the safety of their children and how the COVID-19 virus will affect their lives.  Part of that concern in family law proceedings can extend to a parent’s or carer’s ability to comply with parenting orders and what should be properly expected of them by the Courts in these unprecedented times.
The purpose of this statement is to clarify that the Courts remain open to assist parties, and to provide parents with some general guidance. However, it is understood that every family’s circumstances are different.

It is imperative that parents and carers act in the best interests of their children.  This includes ensuring their children’s safety and wellbeing. Whilst the Courts make orders that are determined to be in the best interests of a child, caring for and determining the practical day-to-day best interests of a child is primarily the responsibility of parents and carers.
Consistent with their responsibilities to act in the children’s best interests, parents and carers are expected to comply with Court orders in relation to parenting arrangements.  This includes facilitating time being spent by the children with each parent or carer pursuant to parenting orders.
In the highly unusual circumstances now faced by Australian parents and carers, there may be situations that arise that make strict compliance with court orders very difficult, if not, impossible.  This may be caused, for instance, where orders stipulate that contact with a parent occurs at a designated contact centre, which may not currently be operating. Or, the “pick up” arrangements of a child may nominate a particular school, and that school is now closed. Many state borders are also closed. In addition, there may be genuine safety issues that have arisen whereby one parent, or someone in close contact with that parent, has been exposed to COVID-19, and this may restrict the safe movement of a child from one house to another.
As a first step, and only if it is safe to do so, parties should communicate with each other about their ability to comply with current orders and they should attempt to find a practical solution to these difficulties.  These should be considered sensibly and reasonably.  Each parent should always consider the safety and best interests of the child, but also appreciate the concerns of the other parent when attempting to reach new or revised arrangements. This includes understanding that family members are important to children and the risk of infection to vulnerable members of the child’s family and household should also be considered.
If an agreement can be reached about new parenting arrangements, even if they are to be adjusted for a short period of time, this agreement should ideally be in writing, even if by way of email, text message or WhatsApp between each other. This will be particularly important if there are later family law hearings and will assist all concerned, including the Court, to understand what agreement may have been reached.
If you feel that you need further guidance, the Family Relationships Advice Line can provide information, advice and telephone-based Family Dispute Resolution services to assist parents and carers to discuss any issues that arise and help them come to an agreement. The Family Relationships Advice Line can be contacted on 1800 050 321 or visit the website here.
Parents and carers can also mediate their differences through lawyers. Electronic mediation services are available from the Courts and through local Bar Associations and Law Societies during these restricted times. Visit their websites for more information.
If an agreement has been reached and consent orders have been developed to outline new or varied parenting orders, consent order applications can be filed electronically with the Court. This process is quick and usually conducted without a hearing.
If the parties are unable to agree to vary the arrangement, or if it is unsafe to do so, and one or both parents continue to have real concerns, the parties are at liberty to approach the Court electronically and seek a variation of the orders.
Where there is no agreement parents should keep the children safe until the dispute can be resolved. Also during this period of dispute, parents should ensure that each parent or carer continues to have some contact with the children consistent with the parenting arrangements such as by videoconferencing, social media, or if that is not possible, by telephone.
At all times, parents or carers must act reasonably. To act reasonably, or to have a reasonable excuse for not complying with Court orders, is a matter that is considered by the Court (pursuant to s70NAE of the Family Law Act 1975 (Cth)).
It is imperative that, even if the orders cannot be strictly adhered to and are varied by the parties, the parties ensure that the purpose or spirit of the orders are respected when considering altering arrangements, and that they act in the best interest of the children.
The Courts appreciate that agreement by mutual consent may not be reached, particularly if one party has concern for their physical safety. Therefore, the Courts advise that if you or your child is in immediate danger, please contact your local police.
The perpetration or threat of family violence is never in the best interests of the child. Therefore, the Courts advise that if you or your child is in immediate danger, please contact your local police and seek medical advice if required.

In the meantime, the community should be assured that the Courts will continue to perform their duties during this time of crisis. Whilst changes to the Courts’ operations have been implemented in accordance with the necessary restrictions placed on our community by the Commonwealth Government, the Courts remain open to assist Australian families in these challenging times.
Judges, Registrars and staff are committed to providing access to justice when called upon to do so. This includes conducting hearings both via videoconferencing through the use of Microsoft Teams or other platforms, or by telephone. The Courts are also conducting mediations electronically and through other safe means.
There will be, in exceptional circumstances, a small number of face-to-face in-court hearings. For the safety of all concerned, these will only be granted when absolutely necessary. Those hearings will be conducted in strict accordance with the Face-to-Face in-Court Protocol issued by the Courts.  As in any other interaction, social distancing requirements will be strictly be followed. Similarly, face to face interviews by family consultants will only take place in exceptional circumstances.
The Registries are still open for telephone appointments, electronic filing and the listing of urgent cases. Family Consultants will also continue their vital work through these electronic mediums as best they can.
Family Dispute Resolution
The law requires separating families who have a dispute about children to make a genuine effort to try to sort it out through family dispute resolution (FDR) before filing an application for parenting orders in court.
This requirement applies to anyone wanting to file an application with a family law court. It also includes those seeking changes to an existing parenting order. There are a few exceptions to this requirement, such as cases involving family violence, child abuse or urgency.
Unless an exemption applies, parties seeking to have a parenting matter determined by a family law court will need to electronically file a certificate from an accredited FDR practitioner. The certificate is issued under Section 60I of the Family Law Act 1975 and is commonly known as a Section 60I Certificate.
You can visit Family Relationships Online for more information about the services and advice available for families, including seeking services from an FDR practitioner.
An FDR practitioner is an independent person who can help people discuss issues, look at options and work out how best to reach agreement in disputes about children. You can search for an accredited FDR practitioner who has consented to be on the Family Dispute Resolution Register website.
For general information about parenting orders, the following pages may be visited:

Complying with orders about children;
Parenting orders – obligations, consequences and who can help;
How do I apply to the court when parenting orders have been breached or not complied with?

More information on these measures are available from the Courts’ websites:
http://www.federalcircuitcourt.gov.au
http://www.familycourt.gov.au
More information about how to self-assess for your personal risk for coronavirus (COVID-19) is available from the website of the Commonwealth Government.
Source: Statement from the Chief Justice of the Family Court of Australia – Parenting Orders, MARCH 2020

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1. Courts: It is possible that the COVID-19 pandemic will at some stage cause the Family Law Courts to close for a while and at short notice. The Courts have already advised that they will give priority to more urgent matters, not hearings that can wait. Telephone hearings will become more frequent. You should, where appropriate, try to settle your case through negotiation, family dispute resolution, mediation or arbitration and not rely on the already under-resourced courts being able to hear your case promptly. Alternative dispute resolution is always sensible, but even more so now.
2. Parenting time: Parenting orders were made without pandemics in mind. They may not fit the changed circumstances. For example, if sporting activities are cancelled is there an alternative activity where the child can see the other parent? Interstate travel may be impacted at some stage – how can communication be maintained if the child lives in a different State or Territory to one of the parents?
3. Changeovers:  Many changeovers take place at locations which may close, such as schools and take-away outlets. Think about alternative venues now. If the separation was some time ago and tensions have reduced, it may be time to re-think whether changeovers can occur at your home or the other parent’s home.
4. Family violence: As couples may spend more time together and be more anxious, family violence may increase, be alert to this and contact us ot the police, therapeutic and other assistance.
5. Alternate caregivers: If child care facilities and schools close, parents (or other younger family members) may be a better option than grandparents who may be more at risk of serious illness due to their ages. If one parent is working from home maybe they can increase their time with the children? What if one or both parents are sick and unable to care for the children for an extended period? Discuss back-up plans now.
6. Breaching parenting orders: You may be held in contravention of a court order if you do not have a reasonable excuse for breaching the order. Predicting what a court will consider to be a reasonable excuse is difficult, but a complaint that the other parent does not have the same standards of hygiene as you is unlikely to be a reasonable excuse. What if the other parent has contracted the coronavirus but has few symptoms or has been in close contact with someone who has it? You should try to work out how you will deal with these situations in advance. Different families will have different views and different solutions. If you propose to breach a parenting order by not handing over a child because of the risk of infection in the other household, specific medical and other evidence about the risk to the child will be required to defend any contravention application. Please speak to us before breaching a parenting order. The courts treat breaches very seriously.
7. Domestic violence orders: These are unaffected by the coronavirus. If the terms of the order don’t allow you and the other parent to re-negotiate between yourselves changes to parenting arrangements such as the location of changeovers, you should seek legal advice.
8. Child support and spousal maintenance: There may be grounds to seek an increase or decrease if a parent has no work, is made redundant or has a reduced income. DHHS – Child Support may be able to assist or you may need to speak to us, particularly if there is a court order or a binding child support agreement.
9. Property settlements: Court orders and financial agreements which set out the terms of a property settlement but have not yet been implemented may seem unworkable or unfair due to changes in personal circumstances and/or the economy. It may be worthwhile speaking to us as to whether the order or agreement can be reviewed, but the test for impracticability is a high one. It is not enough that it has become unjust to you or difficult for you to carry out the order or agreement.
10. Superannuation splits: These are often expressed in dollar terms. Given the volatility in the share markets, percentage splits might be preferred in the next few months. Also, if allowed by the fund, matching the operative date with the valuation date may give greater protection. Splitting orders and agreements should be served upon the trustees of superannuation funds promptly.
11. Business valuations: Consider putting these on hold. Many businesses will be adversely affected by reduced demand, staff absences and the like. A valuation that takes into account the 2018/2019 financial year but not the 2019/2020 financial year may wildly over-state value.
12. Overseas travel: It is a parent’s decision as to whether that parent can travel overseas – subject to being allowed to do so by the relevant governments. However, if that parent wants to take the children overseas, don’t expect the court to prioritise time for hearing that dispute or that the application will be successful. The parent should also be aware that if they are not permanent residents or Australian citizens, then they may not be allowed back into Australia at all. As of midnight on 15 March 2020, if they are allowed back into Australia they will be required to self-isolate for 14 days which means not seeing the children for that time. There may be fines or other penalties for not self-isolating. Court orders already made which permit overseas travel by children may no longer be practical or enforceable.
13. Changing parenting arrangements:  Any agreed changes to parenting agreements should be documented informally by exchange of SMS messages, emails, in a parenting app or letters between lawyers. In some situations the orders should be formally changed. It is probable that even if the courts are closed, consent orders will be able to be processed by registrars working remotely. Legal advice should be sought about the best way to document any changes.
14. Problems of electronic communication: Communication between parents or between lawyers that is solely by email or text message can result in misunderstandings. If face to face meetings cannot take place, try to have regular calls by videolink, such as Skype and Facetime.
15. Anxiety:  In times of uncertainty about personal health, employment, family well-being and the purchase of essentials such as food, medication and toilet paper, you and the other parent are likely to be more anxious than usual, leading to more parenting disputes. Try to see the other parent’s perspective, recognise the pressures the other parent is under and access therapeutic help individually or as a couple.
Each matter is unique and needs to be addressed according to your personal circumstances and needs. To speak with one of our experienced family lawyers, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist  over the phone or by Skype.
Reference: JACKY CAMPBELL, Forte Family Lawyers, “15 tips for family law clients in a coronavirus pandemic”, MARCH 2020

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Separated parents experience both the joys and stressors of parenting. But additional pressures and stresses such as those associated with the Covid19 Pandemic can be hard to accommodate and provoke anxiety in parent and child alike.
Here are 10 tips to help you  navigate this difficult time.
1. Stay healthy
Model best practice habits (for kids, family and friends) to minimise the risk of spread of the virus – frequent and thorough hand washing and responsible social distancing. Simple routines become habit forming.
Guidelines are available at https://www.health.gov.au/news/health-alerts/novelcoronavirus-2019-ncov-health-alert/what-you-need-to-know-about-coronavirus-covid19#protect-yourself-and-others
Let the other parent know that you (and all members of the household) are following these guidelines – we all worry that others are not taking things as seriously as we should and assurances bring peace of mind and good will. As with all co-parenting, consistent messaging across households is ideal.
2. Be present and considered
This is a serious health challenge. Children will have heard much through their schools, networks and media.
Children are not necessarily able to accurately process all of this information in a way that allows for peace of mind. Older children whose studies and major social events such as school formals and celebrations have been cancelled may be unsettled and anxious. Younger children can readily become confused and scared by perceived magnitudes of risk.
3. Meeting your obligations
If your parenting matters are regulated by court order or agreement, you must still meet your obligations under those terms unless a reasonable excuse applies. If arrangements become unclear or cannot be met (eg: quarantine, travel restrictions or because schools close) use common sense to find solutions to challenges. If you anticipate a change, give the other parent plenty of notice and an explanation so they also have time to adjust.
4. Adapt
If schools are closed and changeover normally occurred after and at school or sporting events, nominate or start planning for another neutral and public location that will be suitable – and where social distancing practices can be maintained.
Sporting activities or activities parents planned to do with children during school holidays or weekends are unlikely to now be available. Think about whether you will be required to work from home and whether that is feasible when children are in your care.
If time arrangements with the other parent or important people cannot occur, find other ways to try to maintain the connection – including digital communications.
5. Be open
Try to be on the same page with the other parent about the things you will each do in your respective households (and in your wider communities) to limit exposure to the virus and to shield the children.
If a child is showing any symptoms, that information should be shared immediately with the other parent, and an agreed response implemented. Know what your own selfisolation plan will be so that you are able to share that with the other parent if necessary.
Try to engage openly and honestly with the other parent about your worries and if there has been a risk of exposure to the virus, be honest about that (at which point mandated responses will be required in any event, which will include isolation or quarantine and may include testing).
6. Be mutual
Think about how you would like the other parent to engage with you about these issues, and model that engagement. Make accommodations to the other parent if they are possible and good for the children – and expect such accommodations in return. If time can’t occur at one point, suggest it occur at another point.
All parents and children will benefit from some mutually agreed give and take.
7. Be compassionate
Very few people can apply certainty to their planning in times of stress and may respond to data about risk in ways that may seem disproportionate to you – but understand that we do not have a playbook for how to plan for or respond to this crisis. Being calm in times of high stress is hard – but you are more likely to reduce the conflict if both are making the best effort possible.
8. Be solution focussed
At this time, more than ever, the need for parents and other adults concerned with the care of children to find compromise in the interests of children, is absolutely clear. Courts will increasingly have limited availability; dispute resolution services may be hard to access and common sense coupled with respectful engagement may be the surest path.
It’s an opportunity to find new ways to solve old problems.
9. Help out to the extent you can
People may lose jobs or experience a reduction in their income. This may impact what can be paid by way of child support or the contribution to other expenses.
Try to be understanding of the situation the other parent is in – financial worry will probably exist in both households. The message and legacy of these days should be, as far as possible, that both parents and households worked together to find a solution that was as good as possible for the children.
10. Be patient and positive
This situation is not going to resolve overnight. Changes to the way we work, socialise, communicate and parent will come in the next few weeks and months.
Make a conscious effort to embrace the good and joyful moments in each day, stay connected by phone or social media to friends or family who can support you and remember that you are the beacon for your children at this time.
For more helpful links and practical advice see:
https://www.cdc.gov/coronavirus/2019-ncov/prepare/managing-stress-anxiety.html
To speak with one of our experienced family lawyers about supervision options, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you over the phone or by Skype.

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The Courts must adhere to the restrictive requirements. As a result, they cannot administer justice in the usual way, and significant changes have had to be made.
The principle basis upon which work will be conducted in the Courts in the near future will be by telephone. Only urgent matters will be dealt with by in court face-to-face hearings.
First instance family law proceedings
First Return Duty Lists, Mentions, Directions, and Interim Hearings telephone appearance. For final hearings, Judge will conduct a telephone callover in the next 2 months.
Cases assessed to be of a lower priority, may be sent to mediation and the matter will otherwise be adjourned for trial on a date to be advised.
Cases that are assessed to be of a high priority, should follow the face-to-face in-court protocol.
Face-to-face in Court Protocol
Priority will be given to urgent matters that the judge considers cannot be dealt with over the telephone.
The Court will stagger listings. Short matters will be listed at 30 minute intervals.
Longer contested matters will not be listed for more than 1.5 hours, and with sufficient time in between listings to allow cleaning to occur.
http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/home
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/home
Electronic filing

e-file all documents.
Emailed to.
Hard copies of documents should not be posted or delivered to the registry, except in the limited circumstance where a party is unrepresented and unable to email documents.

Subpoenas

Subpoena viewing is by appointment only. Requests for an appointment should be made by emailing the registry.
Legal practitioners and parties should only make appointments to view subpoenaed material if they have a matter scheduled for hearing in the subsequent 4 weeks or the matter is urgent.

Brisbane Magistrates Court
DOMESTIC VIOLENCE APPLICATIONS: COURT 25
Court 25 will continue to sit Monday to Friday. It will hear urgent applications for domestic violence orders Monday- Friday.
All appearances by legally represented parties are excused.
All appearances by aggrieved in police applications for domestic violence orders are excused.
However, any aggrieved or respondent may appear in a matter. To reduce risk, appearance by telephone is preferred but if this is not possible appearance at Court 25 is permitted.
All parties may appear by telephone in accordance with section 1 of this Guideline.
Filing of New Applications by Private Parties
If the application is not urgent, the Applicant should file the application by post to the BMC Registry.
If the application is urgent, the Applicant should first contact the Queensland Police Service and request them to obtain an urgent temporary protection order or issue a Police Protection Notice (PPN) on behalf of the Applicant.
Where:

QPS determine and advise the person that it is not appropriate for them to issue a PPN or to seek an urgent temporary protection order on behalf of that person; and
The person believes they have urgent grounds to seek a temporary or other protection order, but cannot attend court to file their application due to the emergent situation notified by the Court THEN such person may lodge their application electronically for that courthouse in a Notification published on the Queensland Court website) for consideration by the Court, and include email addresses and telephone contact details for all parties and relevant witnesses to the proceeding.

EMAIL ADDRESS FOR SENDING URGENT DOMESTIC VIOLENCE APPLICATIONS TO BE CONSIDERED:
[email protected]
WEBSITE FOR MORE INFORMATON:
https://www.courts.qld.gov.au/courts/magistrates-court
To speak with one of our experienced family lawyers about supervision options, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you over the phone or by Skype.
Reference: Family Law Section by Law Council of Australia, MARCH 2020

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We have a pandemic, the share market is in a bear market, the Australian dollar is at a historic low. It’s not great news. If you are going through a property settlement ‘be alert – not alarmed’. Here are some practical things to consider.
What’s it Worth?
Property Settlements essentially involve 4 steps, see “‘The How-to’ of Property Settlement”. The first step requires all the property of the separated spouses to be valued – this is often the most challenging. The relevant value for property is its fair market value.
There are various different items that may require valuing in a property settlement, including real estate, shares, companies, furniture, superannuation etc. Often the concepts of valuing these items are different and as the Family Law Act does not set out mathematical guidelines, challenges may arise.
Recent events may have an ongoing impact on the valuation of certain assets. Here are some tips when considering common asset types:
Real Estate:
When valuing real estate, such as the matrimonial home or an investment property, the key word to remember is “negotiate”. Often a common mistake people make in a property settlement is to jump straight into obtaining a valuation (from a Registered Valuer). The problem with this is that once a valuation has been obtained, the value is all but “set in stone” and this can make ongoing negotiations difficult, particularly if one spouse believes the value is incorrect or has since changed.
Ideally, you should look at trying to negotiate an estimate of what the property may be worth before locking in the value, by obtaining a valuation. By negotiating, it is up to the parties to decide what the property is worth and if an agreement is reached, the Court will rarely interfere with that.
Furthermore, if negotiations are not initially successful, a Real Estate Agent appraisal (usually free) can be obtained. If a few appraisals are obtained, an average can be obtained. This may assist negotiations regarding “value” and avoid the time and cost of a valuation being obtained.
If a valuation is to be obtained it is important that spouses and their legal representatives provide property valuers with accurate information about how a property, and that if the market is changing that the valuation is updated.
Furniture and Contents
The furniture and contents of a home is often mistakenly valued for its insurance value. In Family Law property settlements, furniture and contents are valued on a second-hand dealer basis. The contents of the average home, including furniture and white goods (excluding antiques and collections) is usually approximately $10,000.
Superannuation
For married and defacto couples negotiating Property Settlement, superannuation funds can be split and rolled over. The split can be in any percentage (i.e. 80/20, 70/30, 60/40, etc.), it need not be a 50/50 split, but it can be if the parties decide upon this.
There are different types of superannuation funds, including accumulation funds and defined benefit funds. Their method of valuation is different.
For complex superannuation funds, private superannuation funds or funds in the payment phase, it is recommended an Accountant be engaged to determine the value of the fund in accordance with Family Law formulas.
If the share market is changing it is important that up to date values are used.
Businesses and shares in public or private companies may fluctuate as a result of local, national or global events. In particular, in the case of a significant share market drop, not only will this require up to date shares but also be very careful if getting a valuation done on a private (non-listed) business, while the share market is so volatile. It is important that careful consideration is given to the valuation methodology used.
A common methodology used by accountants for ‘small to medium’ sized businesses is the Future Maintainable Earnings method. As the name suggests, the method looks at the earnings which can be maintained in the future and takes into account historical operating results and any upward and downward trends. If your industry was genuinely affected by the GFC, giving consideration to earnings between 2008 – 2010 may not provide a true reflection of the value of the business. It may be more appropriate for an Accountant, in valuing the business, to consider results pre GFC along with industry projections and other factors.
It is important that business owners are aware of their financial records and what genuine affect the share market drop or market sentiment will have had on their operations and earnings for the relevant period.
‘Clean Break’ Principle
Also keep in mind that when looking to make a property division the policy of the Family Law Act is quite clear, that there should be finality – meaning a ‘clean (financial) break’ between spouses with no ongoing financial connection. With that in mind and the current share market conditions you may want to give careful consideration to delaying a final property settlement.
Changing a Parenting Court Order
A person wishing to change an existing parenting order, should give careful consideration to the reasons why they are doing so.  They must be careful that they are not seeking to re-agitate old arguments which existed at the time of making the previous parenting order.  A ‘significant change in circumstances’ is required to be established before a court will vary an existing parenting order.
In a recent case, the court noted that the parents (2) children aged 14 and 11 had been litigating parenting matters since their children were very young. It was evident that the children had been adversely impacted by the continued litigation. The parents agreed to Orders by consent on the first day of the final hearing.  In doing so, the evidence before the court was not tested, including the evidence of certain experts.  The mother was legally represented whilst the father was self-represented, but despite this the mother sought to vary the orders by commencing a new application only 9 months after the previous orders had been made.
The short time-frame of itself was not a bar to the proceedings but the arguments put forward by the mother were.  The mother’s case relied on arguments which existed at the time of making of the orders. What she was really asking the court to do was for the Judge to exercise the power of a court of appeal, which was inappropriate in that forum.  The mother had the opportunity to litigate those issues at the original trial date but chose not to, instead consenting to orders.  It was obvious that she had a form of “buyers regret”, not a ‘significant change in circumstances’.
If you are considering varying an existing parenting order, then we would urge you to contact us to make an appointment so that we can assist you in your deliberations and discuss your prospects.
Property Settlements:
Once the process of attributing values to all property is complete, the other steps of a property settlement can be considered. The moral of the story is that considering values is not straight forward and legal advice should be obtained.
If you have any questions about this article or would like to make an appointment to discuss your personal circumstances, please telephone us on 3221 4300 or emails us at [email protected].

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There are many circumstances which can arise in a matter which mean that one parent must be supervised when ‘spending time’ with their child. It is interesting to look at supervision options. The court is often faced with weighing up who an appropriate supervisor should be. Should the supervisor be a professional, such as a Contact Centre – or is a family member appropriate?
The Federal Circuit Court was faced with this dilemma recently.
Facts:

Two children, 5 & 7 lived with their mother. The children spent irregular time with their father.
In 2012 there was an incident whereby the father did not return the children at the conclusion of a 1-hour agreed contact period and instead held them over for 2 days.
The mother had obtained a domestic violence order.
The mother sought supervision by a Contact Centre based on her allegations that the father had a history of violence and significant anger problems and a history of alcohol and drug abuse.
The father proposed that the paternal grandmother should supervise the time.

Court considerations:

The court considered all of the evidence before it which included independent evidence put forward by the mother of the father’s anti-social behaviour;
The court relied on an affidavit of the paternal grandmother which detailed previous occasions when the children had spent time overnight at her house, which went well;
The court did not have the benefit of a Family Report.

Decision:

The court was satisfied that the paternal grandmother had the children’s welfare at heart, not just in the physical sense, but to ensure that they would be properly cared for in her home and that the children would be loved and supported emotionally.
The court was also satisfied that the paternal grandmother would intervene (against actions of the father) during a contact period, if problems arose.
The court ordered the father’s time with the children be supervised by the paternal grandmother.

To speak with one of our experienced family lawyers about supervision options, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you in person, over the phone or by Skype.

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Congratulations to Steph Brown and Amy Honan for making it to the WLAQ Inspiration list this year. Well done!!!
In making the announcement WLAQ say that over the last 40+ years, WLAQ committee have worked with and have been inspired by incredible, unstoppable, generous and achieving women. This year’s IWD theme supports the notion of ‘Collective Individualism’, being that each individual’s actions, behaviours and mindsets can impact our society as a whole.
Congratulations to Stephanie and Amy from all the team at Michael Lynch Family Lawyers, on being named as one of the 100 women that WLAQ have considered inspired them. A deserved achievement recognition for all the hard work!

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