Parenting Matters & Consent Orders
When two parties separate and they have children (under the age of 18), they may need assistance in reaching an agreement as to what parenting arrangements should be made after the relationship has ended.
Often times parenting matters can be resolved without going to the Family Court, by engaging in Alternative Dispute Resolution Mediation. However, if this fails, the Family Court may be required in helping to decide on a parenting arrangement that is in the best interests of the child. At Genuine Legal WA, our lawyers have extensive experience in dealing with a wide range of parenting matters. These include:
- Consent Orders WA / Form 11 (where both parties agree on what arrangements should be made without intervention from the Family Court). We can assist with negotiating agreement for consent orders as well as the drafting of the appropriate application documents (also known as a Form 11 Application for Consent Orders) and converting Parenting Plans into Court Orders.
- Matters where family violence (domestic violence) and abuse are present (Family Violence, Restraining Order, Conduct Agreement Order, Undertaking, Final Order Hearing, Child Protection, Parental Responsibility (sometimes referred to as “Custody”)).
- Drafting of initiating documents and attendance at all Court events where agreement cannot be reached and the intervention of the Family Court is required (Directions Hearing, Case Assessment Conference, Monitoring Hearing, Readiness Hearing, Callover Hearing, Subpoena Hearing, Pre-Trial Conference, Trial)
- Where parenting orders are contravened (Contravention Application / Enforcement Application, i.e., the application of a recovery order when one party does not return the children to the other party).
- Urgent Matters, such as Recovery Orders, Child Abduction (Hague Convention) and Injunctions
- Matters pertaining to Child Support / Adoption / Surrogacy / Paternity / Grandparent’s Rights
- Advice on Single Expert Witness Reports and Recommendations.
Contact Our Team
The dissolution of a relationship can be hard on all parties involved, particularly the children. Our lawyers can help you efficiently resolve your parenting disputes/matters. Contact Us for your 1 hour free consultation and let us help you find peace of mind that your child’s best interests are being met.
Frequently Asked Questions
Why is the initial consultation free of charge?
This is one of our firm’s core values. We do not charge and will never start charging for our initial consultations. We believe that everyone has the right to affordable legal advice. Hence, you do not ever have to pay for your consultation, even if you choose to take on our services.
Do I need to pay if my initial consultation has taken more than 1 hour?
No. We do not put a limit on the length of your consultation. All initial consultations are no obligation and absolutely free of charge.
Do I need to book a consultation or can just walk in?
To guarantee your spot, we advise to book in advance. However, we do have a number of walk-in locations: Victoria Park Office WA, Parramatta Office NSW, Brisbane City Office QLD, Caboolture Office QLD.
Can you tell me in advance how much my matter will cost me?
Yes, we will provide you with a fixed fee quote. Usually, it is possible to provide you with our fixed fee quote after attending a 1-hour free consultation. For complex litigation matters, we will be able to give you a fixed fee quote for a particular stage of your case.
Why do you charge 3 - 10 times less than other law firms?
- The first reason is that we are a national law firm. We can offer very low fixed fees because we have a significant volume of matters.
- Secondly, we do not charge for communication with our clients and correspondence with other parties and courts. All charges are included in the fixed fee.
- Most importantly, we do not complete unnecessary work/documentation. We work in a very efficient results-orientated manner, and do not charge for unnecessary steps (common in most practises).
You are a low-cost firm, does it mean that I will get lower quality representation?
No, it absolutely does not. Our unique business model allows us to charge less; however, the lower price does not reflect the competency of our professionals. Our Directors, Associates, Senior Solicitors, Solicitors and Paralegals are fully experienced in Family Law matters and often deal with very complex cases. We guarantee top quality work.
Do you do Legal Aid work?
No, we do not work on Legal Aid grants. However, we often assist clients who are not eligible for Legal Aid.
Do you charge for emails, phone calls, meetings?
No. All correspondence and communication with our clients is included in the fixed fee.
Am I eligible for a Payment Plan?
Yes, everyone is eligible for a Payment Plan. We neither have a selection criteria, nor do we charge an interest rate with the plan.
Can I choose a traditional hourly rate?
Yes. You can choose traditional hourly rates (optional). We made it low and straightforward, at just $270 per hour (including GST), which is significantly less than other law firms in Australia. However, most matters are handled on a fixed fee basis as it is more cost effective for clients. Our clients prefer a fixed fee.
What if I cannot afford to pay legal fees upfront?
We do not ask our clients to pay large amounts upfront. We offer clear payment plans. We can commence work on your matter without an initial deposit if you cannot afford one.
Do you charge for your travel and accommodation expenses in case my Court hearing is in a remote location or where you do not have a permanent office?
No, on 1 February 2020 we stopped charging clients for travel & accommodation. These expenses are on us. You pay for actual legal services and representation only.
How can I apply for Divorce if we separated, but continued living in the same home for 12 months prior to applying for divorce?
The general rule is that you must be separated for 12 months before filing an application for Divorce. This is known as ‘separation under the one roof’. In this case, you need to prove to the Court that you were separated during this time.
- Sole application: This can be done by filing an affidavit yourself and an affidavit by an independent person (family member, friend or neighbour etc).
- Joint application: If you are applying together with your spouse, you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should also file an affidavit by an independent person.
In your affidavit, you need to prove that there has been a change in the relationship, gradual or sudden, demonstrating that you and your spouse have separated under one roof.