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Recorded Online Conferences

Resolving Parenting Disputes in Family Law - recorded lunchtime online conference

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

Date/Time

About the Recorded Online Conference

Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: Purpose and Persuasion: Drafting Parenting Orders that Work

Drafting orders for parents who cannot reach agreement and are in a state of perpetual disagreement is a daunting task. This session will explore the issues for practitioners in achieving a workable arrangement and provide practical drafting tips, including:

  • Legislative provisions relating to parenting orders and the power of the courts
  • What can be in a parenting order? What should not be in a parenting order?
  • What are the characteristics of a good parenting order?
  • Prescribe don’t describe: drafting tips and techniques for clear, logical and practical orders
  • Defining obligations – how detailed do orders need to be?
  • Key questions for drafters:
    • What major parental decisions need to be covered?

    • Are there particular problems that need to be addressed?

    • How old are the children? If teenagers, to what extent are orders necessary?

    • How far can orders be future proofed?

    • To what extent should orders extend to moderating behaviour and emotions?

  • Case studies


Session 2: Contravention Cases: When Parents Don’t Comply

Recent high-profile examples have shone a spotlight on the challenges that arise when one parent fails to return a child in contravention of parenting orders. This session examines the myriad of evidentiary and procedural requirements involved in contravention proceedings. It covers:

  • What does the Court consider to be a “reasonable excuse” in contravention cases?
  • When is it time to act and alert the authorities?
  • What is the procedure involved for legal representatives?
  • What do you tell your client?
  • When does “running late” cross over to the criminal jurisdiction?
  • What should be in the application and supporting application?
  • Cost orders and penalties

Session 3: Relocation Disputes: Home is Where the Heart Is

Relocation disputes are challenging for clients and practitioners alike. When clients seek to relocate across state or international lines, emotions can run high. This session examines how to best navigate the process, including:

  • The process for making – and responding to – relocation applications

  • Is there a right to relocate? – issues with best interests of the child

  • Factors other than best interests of the child to consider

  • The impact of s60CC FLA

  • Key issues in relocation matters:

    • safety

    • security

    • employment

    • finances

  • Evidential issues in relocation matters

  • Relocation impacts on property settlements

  • Case study: managing relocation disputes during a pandemic

  • Case update

The Faculty

Ian Kennedy, Principal, Kennedy Partners, Melbourne (Chair) Bronia Tulloch, Barrister, Victorian Bar, Melbourne Barry Frakes, Partner, Watts McCray Lawyers, Sydney Sally Nicholes, Principal, Nicholes Family Law, Melbourne

 

CPD Information

Lawyers can claim up to 2.5 CPD units/points – substantive law.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams—Cameron on (03) 8601 7730 or email: [email protected]

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